On Point blog, page 1 of 1
Habeas corpus – stay of proceeding due to petitioner’s incompetence
Ryan v. Gonzales, USSC No. 10-930; Tibbals v. Carter, USSC No. 11-218, 1/8/13
United States Supreme Court decision, reversing In re Gonzalez, 623 F.3d 1242 (9th Cir. 2010), and reversing and remanding Carter v. Bradshaw, 644 F.3d 329 (6th Cir. 2011)
These two cases present the question whether the incompetence of a state prisoner requires suspension of the prisoner’s federal habeas corpus proceedings.
Habeas Procedure – Filing Deadline – “Mailbox Rule”
Elliot D. Ray v. Clements, 7th Cir No. 11-3228, 11/19/12
seventh circuit decision, appeal following remand in 592 F.3d 793 (7th Cir 2010) (summarized in prior post)
… (W)e hold that in cases where the pro se prisoner’s post-conviction motion is not received, the petitioner must submit a sworn statement and some evidence to support his claim that he timely delivered the filing to a prison official,
Habeas – Tolling Provision, 28 U.S.C. § 2244(d)(2)
Wall v. Kahlil Kholi, USSC No. 09-868, 3/7/11
Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), “a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim” tolls the 1-year limitation period for filing a federal habeas petition. 28 U. S. C. §2244(d)(2). The question in this case is whether a motion to reduce sentence under Rhode Island law tolls the limitation period,