The Kelley Institute
Law of Lawyering
Supreme Court Review
Cases tagged as: unprofessional conduct
Holland v. Florida
130 S. Ct. 2549 (2010) (PDF)
Petitioner was convicted of murder and sentenced to death. His counsel failed to file a habeas petition within the one year limit even though he urged him to. Limitations period under 28 U.S.C.S. § 2244(d)(1) for filing federal habeas corpus petition held subject to equitable tolling; further factual consideration held required to determine whether allegedly unprofessional conduct of accused's counsel warranted equitable tolling.
Maracich v. Spears
The Court ruled in a 5-4 decision that lawyers violated drivers' privacy rights as designated by statute when they gathered personal information from state motor vehicle records to recruit prospective plaintiffs for lawsuits.