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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 2nd Circuit has ruled. Clarifying the standard for equitable tolling under the federal habeas statute, the court 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.
August 06, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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