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United States Second Circuit


Harper v. Ercole, 10-178

In a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. section 2254, judgment of the district court denying petition as untimely is reversed where a demonstration of diligence is not required where the petition was filed within one year of the total untolled time after the challenged conviction became final.

Appellate Information

  • Decided 07/26/2011
  • Published 07/26/2011

Judges

  • RAGGI

Court

  • United States Second Circuit

Counsel

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