Harper v. Ercole, No. 10-178 (2d Cir. 2011)
Annotate this CaseDefendant appealed from a judgment of the district court for dismissing as untimely his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. The district court assumed that defendant satisfied the requirements for equitable tolling of a three-month period when he was hospitalized but, nevertheless, concluded that the petition was untimely because he failed to demonstrate reasonable diligence in pursuing his claim in the two-month period between his hospital discharge and filing. The court held that no such demonstration of diligence was required where the petition was filed within one year of the total untolled time after the challenged conviction became final. Accordingly, the district court's judgment of dismissal was vacated and the case was remanded for further proceedings.
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