Young v. Johnson

1 Citing case

  1. Turner v. May

    Civil Action No. 17-1589-RGA (D. Del. Jan. 29, 2021)

    A petitioner's lack of knowledge that the state courts have reached a final resolution in his case can constitute an extraordinary circumstance if the petitioner acted diligently to obtain notice of the state court's decision. See LaCava v. Kyler, 398 F.3d 271, 276-77 (3d Cir. 2005); Young v. Johnson, 2021 WL 129939, at *1 (9th Cir. Jan. 14, 2021); Miller v. Collins, 305 F. 3d 491, 495 (6th Cir. 2002); Woodward v. Williams, 263 F.3d 1135, 1143 (10th Cir. 2001); Phillips v. Donnelly, 216 F.3d 508, 511 (5th Cir. 2001). Even accepting as true Petitioner's statement, which is made under penalty of perjury, that he did not receive notice of the Delaware Supreme Court's decision affirming his convictions, nothing in the record demonstrates that Petitioner made any inquiry into the status of his direct appeal.