On Point: a. Filing deadline

Question Presented:

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) contains a one-year statute of limitations for filing a habeas petition. In Holland v. Florida, 130 S. Ct. 2549, 2562 (2010), this Court affirmed that a habeas petitioner is entitled to equitable tolling of that one-year period “only if he shows: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.” 

Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010)

This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed the U. S. District Court that it “[would] not challenge,

seventh circuit decision

Habeas Procedure – Application for Successive Attack 

Application to extend the deadline for permission to file a second collateral attack, § 28 U.s.C. 2244(b), is premature:

Now before the court are papers Maxy labels a motion, in which he informs us that he intends to file a second § 2244(b) application. Maxy explains that the application will be untimely because the prison limits his use of the copy machine,

Rafel Arriaza Gonzalez v. Thaler, USSC No. 10-895, 1/10/12, affirming 623 F. 3d 222 (5th Cir. 2010)

Habeas Procedure – Certificate of Appealability, Defects and Jurisdiction 

… 28 U. S. C. §2253(c), provides that a habeas petitioner must obtain a certificate of appealability (COA) to appeal a federal district court’s final order in a habeas proceeding. §2253(c)(1). The COA may issue only if the petitioner has made a “substantial showing of the denial of a constitutional right,”

Docket

Decision below: Wood v. Milyard, 10th Cir, 11/26/10

Questions Presented (by the Court):

1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense?

2) Does the State’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the State may have had?

seventh circuit court of appeals decision

Habeas – Counsel – Appeal 

When a defendant in a criminal case specifically instructs a lawyer to file a notice of appeal, the lawyer’s failure to do so deprives the defendant of the Sixth Amendment right to counsel, regardless of whether an appeal was likely to succeed. Roe v. Flores-Ortega, 528 U.S. 470, 477 (2000); Peguero v. United States,

Docket

Decision below: 623 F. 3d 222 (5th Cir. 2010)

Questions Presented (from SCOTUS docket page):

1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL?

2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME FINAL BY THE CONCLUSION OF DIRECT REVIEW OR THE EXPIRATION OF THE TIME FOR SEEKING SUCH REVIEW”?

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,

7th circuit decision; habeas review of State v. Martin, No. 06AP2413

Habeas – Filing Deadline – SVP

Martin’s habeas challenge to denial of his ch. 980 petition for discharge isn’t time-barred by the fact he could have raised the same challenge to his original commitment. Discharge typically requires a new determination of whether the SVP’s condition has “changed,” but Martin’s discharge litigation instead turned on an “exceptional”

7th Circuit decision; on habeas review of Wis. opinion No. 2005AP2599-CR

Habeas – Filing Deadline – Tolling

The District Court had authority to grant Socha’s pre-filing, pre-deadline request to extend the 28 U.S.C. § 2244(d) deadline for his habeas petition, made on the ground of equitable tolling.

… First, there is no absolute bar imposed by Article III on judicial actions closely connected with a case or controversy that has not yet been filed.