Dillon v. Conway, No. 08-4030 (2d Cir. 2011)
Annotate this CasePetitioner appealed a motion to dismiss his federal habeas petition where he retained an attorney in or around August 2007, instructed the attorney to file the petition before the deadline on November 20, 2007, and the attorney admitted affirmatively and knowingly that he mislead petitioner by promising him that he would file the petition before the deadline. At issue was whether the district court properly dismissed the federal habeas petition on the basis that the petition, submitted one day late, was barred by the one-year statute of limitations set forth in 28 U.S.C. 2244(d)(1)(A). The court vacated the judgment and held that the district court erred in determining that equitable tolling did not apply where, under the totality of the circumstances presented, extraordinary circumstances prevented the filing of the petition on time.
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