This superficial agreement masks significant conflict, however, in the standards that the circuit courts use to identify the “rare and exceptional” cases that warrant equitable tolling. It also masks significant disparity in the frequency with which the various circuit courts grant equitable tolling to untimely habeas prisoners. Literally and figuratively, the courts are all over the map, and the chief determining factors in whether an untimely habeas petition will survive a motion to dismiss would seem to be the location of the prisoner and the court in which he files.
Monday, December 3, 2007
An Unnecessarily Literal Discourse on Metaphorical Geography
While this is not as cringe-worthy as most of our selections here at LWW, the mind-blowing obviousness of the metaphor (or, perhaps more generously, its failure to synch up with the rest of the sentence in any illuminating way) earned it a spot.