X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
LAWYER’S BAD CONDUCT MAY TOLL TIME LIMIT NEW YORK — Attorney conduct that is “sufficiently egregious” may be enough to toll the statute of limitations for filing a petition for a writ of habeas corpus, the Second Circuit U.S. Court of Appeals has ruled. Clarifying the standard for equitable tolling under the federal habeas statute, 28 U.S.C. § 2255, the Second Circuit said a combination of due diligence by the petitioner and the “extraordinary circumstances” created by an attorney’s failure may rescue a petition that is untimely under the one-year statute of limitations. The court reversed a District of Connecticut judge’s refusal to grant the petition in Baldayaque v. United States. Heriberto Baldayaque, a citizen of the Dominican Republic, was sentenced to serve 14 years in prison in 1996 after pleading guilty to conspiracy to deal heroin. Shortly after his appeal was denied, Baldayaque’s wife retained lawyer Burton Weinstein for $5,000 to represent him. Weinstein allegedly told Baldayaque’s wife that it was too late to file a petition, even though there was still almost 14 months in which to do so. But the attorney also said he had learned that the Dominican Republic would accept Baldayaque if he were deported. The attorney made an application for immediate deportation, but a district court said it lacked jurisdiction to issue such an order and found that the motion, even if “cognizable,” was untimely. After the district court denied his motion, Weinstein wrote a letter to Baldayaque telling him the motion had been denied and he saw “no basis for appeal.” The letter was returned to Weinstein as undeliverable. — The New York Law Journal

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.