Harris v. Carter’s Empirical Analysis
515 F.3d 1051 · 2008
Citation profile
24 federal appellate · 3 district ·
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Duncan v. Walker · Pace v. Superintendent State Correctional Institution at Graterford · George Duncan Superintendent Great Meadow Correctional Facility v. Sherman Walker · Lawrence v. Florida · Pliler Warden v. Ford
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The critical fact here is that Harris relied in good faith on then-binding circuit precedent in making his tactical decision to delay filing a federal habeas petition. Harris’ failure to file a timely petition is not the result of oversight, miscalculation or negligence on his part, all of which would preclude the application of equitable tolling. See Lawrence, 127 S.Ct. at 1085. Harris was undoubtedly aware of when AEDPA’s statute of limitations would expire under our rule in Dictado. Harris presumably chose his tactical strategy precisely because he believed that, under Dictado, he could pursue relief in state courts without jeopardizing his ability to file a federal habeas petition. Harris’ circumstances justify equitable tolling under both our circuit’s standard and the Pace standard. Harris diligently pursued his rights. He filed successive petitions for state post-conviction relief while ensuring that enough time would remain to file a federal habeas petition under the then-existing Dictado rule. The Supreme Court’s overruling of the Dictado rule made it impossible for Harris to file a timely petition. Harris’ petition became time-barred the moment that Pace was decided. Finally, Harris had no control over the operative fact that caused his petition to become untimely-the Supreme Court’s decision in Pace. These are precisely the circumstances in which equitable principles justify tolling of the statute of limitations.”
1 later decision quote this exact passage · from the majority“that equitable tolling would likely be appropriate in at least some situations where a petitioner is affirmatively misled by a district court.” Id. at 1056 . We did not address and we have never ruled on whether extending a filing deadline beyond the statutory deadline constitutes an”
1 later decision quote this exact passage · from the majoritye.g. Sossa v. Diaz
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.