Weddington v. Zatecky

Dist. Ct. erred in denying without evidentiary hearing defendant’s habeas petition as being untimely where: (1) record contained factual dispute as to whether defendant’s placement in disciplinary segregation, that precluded him from obtaining access to legal paperwork, prevented him from filing timely habeas petition; and (2) resolution of said factual dispute was pertinent to defendant’s claim that he was entitled to equitable tolling of applicable one-year limitations period or had valid excuse for any procedural default on issues contained in his habeas petition. Ct. further observed that Dist. Ct. should have recused herself, where she had presided in state court on defendant’s motion to suppress that was at issue in instant habeas petition.