context: Similarly, courts may be more willing to grant equitable tolling in death penalty cases, particularly when the petitioner has been diligent in pursuing his rights.
citation_a.signal: cf.
citation_a.parenthetical: "[D]eath is a different kind of punishment from any other which may be imposed in this country."
citation_a.sentence: See, e.g., Fahy v. Horn, 240 F.3d 239, 244-45 (3d Cir.2001); cf. Gardner v. Florida, 430 U.S. 349, 357, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977) (“[D]eath is a different kind of punishment from any other which may be imposed in this country.”); Woodson v. North Carolina, 428 U.S. 280, 305, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976) (opinion of Stewart, Powell, and Stevens, JJ.) (“[T]he penalty of death is qualitatively different from a sentence of imprisonment, however long.”).
citation_b.signal: but see
citation_b.identifier: 381 F.3d 587, 590-91
citation_b.parenthetical: rejecting the view that a different test applies to capital cases
citation_b.sentence: But see Johnson v. McBride, 381 F.3d 587, 590-91 (7th Cir.2004) (rejecting the view that a different test applies to capital cases); Rouse v. Lee, 339 F.3d 238, 253-56 (4th Cir.2003) (en bane) (same).