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Two cases this week:
(1) Washington v. Graham, 07-5023-pr
Date: Monday, December 7, 2009
Panel: Jacobs, Hall, Murtha, DJ (B Panel)
Lower ct decision: Petition denied; 07-CV-1706, 2007 WL 3197335 (EDNY Oct. 26, 2007) (BMC).
COA grant: District court
Issue: Whether a sentencing court’s factual finding under the persistent violent felony offender statute that petitioner’s two prior felony convictions occurred within 10 years of his current conviction violates Apprendi.
(2) Bolarinwa v. Perez, 08-0832-pr
Date: Monday, December 7, 2009
Panel: Katzmann, Livingston, Stanton, DJ (A Panel)
Lower ct decision: Petition dismissed as untimely; 07-CV-1113 (NDNY Jan. 4, 2008) (LEK) (unpublished)
COA: Circuit court (5/2/08)
Issue: Whether mental illness qualifies as an "extraordinary circumstance" sufficient to equitably toll the one year statute of limitations.
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