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Equitable tolling

Definition

A legal doctrine that allows a court to extend a filing deadline when a party was prevented from meeting it through no fault of their own, such as being in a coma or being misled about their rights. In the habeas context, it can excuse missing the one-year Section 2255 filing deadline.

Examples

  • The government used the example of equitable tolling to argue that prisoners would combine failed 2255 excuses with rehabilitation claims to create Frankenstein-like compassionate release motions.

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