United States Fourth Circuit

Although a death row prisoner filed his habeas petition one day late, his claims of a juror's racial and personal bias justify equitable tolling.

Appellate Information

• Decided 01/07/2003
• Published 01/07/2003

Judges

• Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Maher, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant.  Clarence Joe DelForge, III, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF: Robert M. Hurley, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant.  Roy Cooper, Attorney General, William N. Farrell, Jr., Senior Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.