Second Circuit – Habeas Corpus: Martinez v. Superintendent of Eastern Correctional Facility

U.S. Court of Appeals for the Second Circuit –

Habeas Corpus

Equitable Tolling – Reasonable Diligence

Martinez v. Superintendent of Eastern Correctional Facility

14-1513

Judges Walker, Jacobs and Livingston

Background: The petitioner appealed from the denial of his petition for a writ of habeas corpus. The district court held that the petitioner was not entitled to equitable tolling of the statute of limitations because he had not acted with reasonable diligence during the period for which he sought tolling.

Ruling: The Second Circuit vacated and remanded. The court held that the analysis of the petitioner’s degree of diligence is premised upon a misapplication of appellate court precedent. While the district court correctly noted that the petitioner’s attorney effectively abandoned his client, the court failed to address the effect of the attorney’s misleading conduct on the petitioner’s ability to evaluate his lawyer’s performance, as well as a failure to address the petitioner’s financial and logistical ability to secure alternative legal representation.

Randolph Z. Volkell for the petitioner-appellant; Donald J. Berk, assistant district attorney, for the appellee