United States Third Circuit

Where a habeas petitioner alleges serious misconduct on the part of his appointed counsel, such as stating to him that there was no time constraint on filing a habeas petition, the district court should hold an evidentiary hearing to determine if there are extraordinary circumstances to justify equitable tolling.

Appellate Information

• Argued 03/01/2001
• Decided 08/30/2001
• Published 08/30/2001

Judges

• Before:  SLOVITER, NYGAARD and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Shelley Stark (Argued), Lisa B. Freeland, Federal Public Defender Pittsburgh, PA, Attorney for Appellant.


• For Appellees:
  
• John A. Kopas, III, (Argued) First Administrative Assistant District Attorney, Office of the District Attorney, Uniontown, PA, Attorney for Appellee.