Opinion

Leslie Moore v. United States

  • 438 F. App'x 445
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 7, 2011
Status
Unpublished
Author
Merritt
On the bench
Merritt, Cook, White
Cited by
10 cases

rejecting the petitioner’s ineffective assistance of counsel claim as untimely under § 2255(f)(4) because he offered no evidence showing when he discovered that his attorney was not going to file an appeal

How later courts described this case

  • rejecting the petitioner’s ineffective assistance of counsel claim as untimely under § 2255(f)(4) because he offered no evidence showing when he discovered that his attorney was not going to file an appeal
  • finding a 75-day delay in discovering the lack of appeal unreasonable
  • “Ignorance of the law, even by an incarcerated pro se petitioner, is not grounds to toll the statute.”
  • “Ignorance of the law, even by an incarcerated pro se prisoner, is not grounds to toll the statute”

Written by the judges who cited it.

The opinion

MERRITT, Circuit Judge,

concurring.

I concur in the Per Curiam opinion. I do not believe we should apply the doctrine of equitable tolling here to extend Moore’s time for filing a § 2255 proceeding. The court explained to Moore that he had waived his right to appeal and Moore said that he was satisfied with his lawyer. There is nothing in the record to indicate that Moore asked his lawyer to appeal within the 10-day period, except Moore’s general claim (without any detail) that he told his lawyer to appeal. But appeal what? Ineffective assistance of counsel? Innocence? Then Moore waits for 15 months to call the failure to appeal to the court’s attention and then files a complaint that does not explain why he now claims he is not guilty or what would be the basis for vacating his guilty plea and setting aside his plea agreement. I see no basis in equity for extending the time for filing a claim based on no understandable reason.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.