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Wednesday, June 08, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today

In Anastazia Schmid v. Steve McCauley , a 4-page opinion in a prisoner appeal, Judge Easterbrook concludes:

Decisions about equitable tolling under §2244(d) are reviewed deferentially on appeal, whether the district court finds tolling warranted or unwarranted. See Simms v. Acevedo, 595 F.3d 774, 781 (7th Cir. 2010); Tucker v. Kingston, 538 F.3d 732, 735 (7th Cir. 2008). We have not applied that deferential standard here, however, because the district court did not gather the evidence needed for decision. Nor did the court consider whether a hearing is necessary. Once counsel has had a chance to present the best arguments from Schmid’s perspective, the district court should apply the approach of decisions such as Estremera, 724 F.3d at 775–76; Davis v. Humphreys, 747 F.3d 497 (7th Cir. 2014); and Weddington v. Zatecky, 721 F.3d 456, 465 (7th Cir. 2013), to determine whether a hearing is in order. VACATED AND REMANDED

Posted by Marcia Oddi on June 8, 2016 01:30 PM
Posted to Ind. (7th Cir.) Decisions