equitable tolling doctrine (Alabama) · Go Syfert
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equitable tolling doctrine in Alabama

21 Alabama opinions name it 2 courts 2007–2026 4 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Ex Parte Wardgreen
ala · 2007 · cited in 15 Alabama opinions naming this issue, 2010–2026
2 sentences

2026Thus, we need not consider those requirements because Belcher wholly relies on the doctrine of equitable tolling, as articulated in Ex parte Ward, 46 So. 3d 888, 896 (Ala. 2007).

2026Thus, we need not consider those requirements because Belcher wholly relies on the doctrine of equitable tolling, as articulated in Ex parte Ward, 46 So. 3d 888, 896 (Ala. 2007).

915
Drew v. Department of Correctionsred
ca11 · 2002 · cited in 10 Alabama opinions naming this issue, 2007–2017
2 sentences

2017See Spitsyn v. Moore, 345 F.3d [796] at 799 [ (9th Cir. 2003) ] (holding that the burden is on the petitioner for the writ of habeas corpus to show that the exclusion applies and that the ‘extraordinary circumstances’ alleged, rather than a lack of diligence on his part, were the proximate cause of the untimeliness); Drew v. Department of Corr., 297 F.3d 1278, 1286 (11th Cir. 2002) (‘The burden of establishing entitlement ’ to this extraordinary remedy plainly rests with the petitioner.’).

2016See Spitsyn v. Moore, 345 F.3d [796,] 799 [ (9th Cir. 2003) ] (holding that the burden is on the petitioner for the writ of habeas corpus to show that the exclusion applies and that the “extraordinary circumstances” alleged, rather than a lack of diligence on his part, were the proximate cause of the untimeliness); Drew v. Department of Corr., 297 F.3d 1278, 1286 (11th Cir. 2002) (“The burden of establishing entitlement to this extraordinary remedy plainly rests with the petitioner.”).’ “Ward, 46 So.3d ‘at 897.

910
State v. Bakergreen
alacrimapp · 2015 · cited in 4 Alabama opinions naming this issue, 2015–2026
2 sentences

2026Crim. P." Id. (emphasis added).

2026Crim. P." State v. Baker, 172 So. 3d 860, 866 (Ala. Crim. App. 2015) (emphasis added).

34
Sergey Spitsyn v. Robert Moore, Wardengreen
ca9 · 2003 · cited in 3 Alabama opinions naming this issue, 2007–2009
2 sentences

2009See Spitsyn v. Moore, 345 F.3d at 799 (holding that the *621 burden is on the petitioner for the writ of habeas corpus to show that the exclusion applies and that the ‘extraordinary circumstances’ alleged, rather than a lack of diligence on his part, were the proximate cause of the untimeliness); Drew v. Department of Corr., 297 F.3d 1278, 1286 (11th Cir.2002)(‘The burden of establishing entitlement to this extraordinary remedy plainly rests with the petitioner.’).

2007See Spitsyn v. Moore, 345 F.3d at 799 (holding that the burden is on the petitioner for the writ of habeas corpus to show that the exclusion applies and that the “extraordinary circumstances” alleged, rather than a lack of diligence on his part, were the proximate cause of the untimeliness); Drew v. Department of Corr., 297 F.3d 1278, 1286 (11th Cir.2002) (“The burden of establishing entitlement to this extraordinary remedy plainly rests with the petitioner.”).

33
Ex Parte Wardgreen
ala · 2010 · cited in 2 Alabama opinions naming this issue, 2010–2010
2 sentences

2010Quoting Griffith v. Kentucky, 479 U.S. 314, 328 , 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987), the Alabama Supreme Court in Ward V found that “ ‘a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final,’ ” and, thus, that ‘Ward should have the opportunity to assert the doctrine of equitable tolling.” 46 So.3d at 902 .

2010In light of the fact that the doctrine of equitable tolling is a newly recognized exception to the limitations provision of Rule 32.2(c), that it was Ward who argued successfully before this Court that the doctrine should be adopted, and that this is a capital case, we hold that Ward should have the opportunity to assert the doctrine of equitable tolling.” Ex parte Ward, 46 So.3d 898, 901-02 (Ala.2010) (“Ward V”).

12
Kuenzel v. Stategreen
alacrimapp · 2015 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023Moreover, '[b]ecause the limitations provision is mandatory and applies in all but the most extraordinary of circumstances, when a petition is time-barred on its face the petitioner bears the burden of demonstrating in his petition that there are such extraordinary circumstances justifying the application of the doctrine of equitable tolling.' Ex parte Ward, 46 So. 3d at 897 . 'A petition that does not assert equitable tolling, or that asserts it but fails to state any principle of law or any fact that would entitle the petitioner to the equitable tolling of the applicable limitations provisio

11
United States v. James Marcello and Anthony Zizzogreen
ca7 · 2000 · cited in 1 Alabama opinions naming this issue, 2015–2015
1 sentence

2015Nevertheless, ‘the threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.’ United States v. Marcello, 212 F.3d 1005, 1010 (7th Cir. 2000).

11
Weaver v. Firestonegreen
ala · 2013 · cited in 1 Alabama opinions naming this issue, 2015–2015
1 sentence

2015See Weaver v. Firestone, 155 So.3d 952, 957-68 (Ala.2013) (discussing equitable tolling in the context of statutes of limitations).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Griffith v. Kentucky green
scotus · 1987
2 sentences

2010Quoting Griffith v. Kentucky, 479 U.S. 314, 328 , 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987), the Alabama Supreme Court in Ward V found that “ ‘a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final,’ ” and, thus, that ‘Ward should have the opportunity to assert the doctrine of equitable tolling.” 46 So.3d at 902 .

2010Quoting Griffith v. Kentucky, 479 U.S. 314, 328 , 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987), the Alabama Supreme Court in Ward V found that “ ‘a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final,’ ” and, thus, that ‘Ward should have the opportunity to assert the doctrine of equitable tolling.” 46 So.3d at 902 .

22010–2010
Patrick v. State green
alacrimapp · 2011
1 sentence

2017In Patrick v. State, 91 So.3d 756 (Ala. Crim. App. 2011), 5 this Court stated: “In the instant case, Patrick asserted in his Rule 32 petition that the doctrine of equitable tolling should apply in his ease.

12017–2017
Irwin v. Department of Veterans Affairs green
scotus · 1991
2 sentences

2015He does not believe the facts before us present an extraordinary circumstance warranting the application of the doctrine of équitable tolling, whereas I do. 5 The United States Supreme' Court has stated: “We have allowed equitable tolling in situations where the claimant has actively pm-sued his judicial remedies by filing a defective pleading during the statutory period” and that “[wje generally have been much less forgiving in receiving late’‘filings where the claimant failed to exercise due diligence in preserving his legal rights.” Irwin v. Department of Veterans Affairs, 498 U.S. 89, 96 ,

2015He does not believe the facts before us present an extraordinary circumstance warranting the application of the doctrine of équitable tolling, whereas I do. 5 The United States Supreme' Court has stated: “We have allowed equitable tolling in situations where the claimant has actively pm-sued his judicial remedies by filing a defective pleading during the statutory period” and that “[wje generally have been much less forgiving in receiving late’‘filings where the claimant failed to exercise due diligence in preserving his legal rights.” Irwin v. Department of Veterans Affairs, 498 U.S. 89, 96 ,

12015–2015
Pace v. DiGuglielmo green
scotus · 2005
2 sentences

2013Pace v. DiGuglielmo, 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005).

2013Pace v. DiGuglielmo, 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005).

12013–2013
Davenport v. State green
alacrimapp · 2007
1 sentence

2011See Ex parte Ward, 46 So.3d 888 (Ala.2007); Davenport v. State, 987 So.2d 652 (Ala.Crim.

12011–2011
Ex Parte Martinez, 1061237 (Ala. 5-29-2009) neutral
ala · 2009
2 sentences

2010Initially, this Court was not entirely sure what the Alabama Supreme Court’s remand directions in Martinez meant when that Court stated: “ ‘[W]e reverse the judgment of the Court of Criminal Appeals and remand the case to that court for consideration of Martinez’s claim that he is entitled to the remedy afforded by the doctrine of equitable tolling and, if it decides that he is, whether the trial court was correct in denying Martinez’s petition.’ ” *623 Martinez, 75 So.3d at 621 .

2010Accordingly, we reverse the judgment of the Court of Criminal Appeals and remand the case to that court for consideration of Martinez’s claim that he is entitled to the remedy afforded by the doctrine of equitable tolling and, if it decides that he is, whether the trial court was correct in denying Martinez’s petition.’ “Martinez, 75 So.3d at 621 .

12010–2010

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (9) USC § 28u.s.c.2244 (7) AL § Ala. Code § 13A-11-7 (3) AL § Ala. Code § 13A-5-49 (3) AL § Ala. Code § 13A-5-51 (3) AL § Ala. Code § 13A-5-52 (3) AL § Ala. Code § 13A-5-53.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 142 (1978–2026) PA 120 (2000–2026) WA 32 (1994–2026) TX 31 (1990–2026) FL 23 (1986–2026) IL 22 (1989–2026) IA 22 (1998–2025) AL 21 (2007–2026) OH 20 (1998–2026) DE 19 (2013–2026) NJ 17 (1997–2026) SC 16 (2008–2025) MT 15 (1988–2025) DC 13 (1983–2025) ND 13 (1997–2023) CO 12 (1995–2025) CT 10 (1996–2019) NM 10 (1986–2015) KY 10 (2005–2026) MI 10 (2005–2024) TN 9 (1996–2025) AZ 8 (1985–2020) UT 8 (2001–2021) NV 6 (1983–2021) SD 6 (2000–2024) NY 6 (2007–2020) VI 5 (2009–2025) MS 5 (1991–2015) AR 5 (2003–2024) MA 4 (1999–2024) AK 4 (1989–2013) RI 4 (2002–2020) MD 4 (1993–2013) HI 4 (1998–2024) MN 4 (1981–2015) NE 3 (1996–2024) VT 2 (1999–2024) NC 2 (1994–2014) ID 2 (2007–2025) VA 2 (2004–2012) MO 2 (1995–2024) OK 2 (1986–1999) WV 2 (2021–2022) ME 2 (2017–2025) GA 2 (2009–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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