TRAPP v. SPENCER

No. 05-2827.

479 F.3d 53 (2007)

Randall TRAPP, Petitioner, Appellant, v. Luis SPENCER, Superintendent, MCI—Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 1, 2007.


Attorney(s) appearing for the Case

John M. Thompson, with whom Thompson & Thompson, P.C. was on brief, for appellant.

Randall E. Ravitz, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

This case involves whether the district court erred in not applying the equitable tolling doctrine to excuse the late filing of a federal habeas petition where (1) the public-defender counsel for the state prisoner simply made a mistake as to the habeas limitations period, and (2) the petitioner makes a claim that the totality of the circumstances nonetheless warrants equitable tolling.

The Supreme Court has just rejected the argument...

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