On Point: a. Filing deadline

2nd Circuit court of appeals decision

Federal Habeas (28 U.S.C. § 2254) – Filing Deadline – Brady Claim

The 2254 filing deadline is one year from the date the state-court conviction becomes “final,” subject to certain exceptions, including one which restarts the limitation period from “the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence,” 28 U.S.C.

7th circuit decision

Habeas – Filing Deadline – DNA Motion as Tolling

Price’s postconviction motion for DNA testing in Illinois state court didn’t toll the 28 U.S.C. § 2254 federal habeas deadline, and his habeas petition is therefore deemed untimely.

The court’s analysis relates to Illinois procedure. As will be seen, Wisconsin’s is meaningfully different and should yield a different conclusion. First, the obvious: subject to highly exceptional circumstances,

seventh circuit decision; denial of rehearing and en banc, 10/28/10

Habeas – Filing Deadline

For purposes of the federal habeas 1-year statute of limitations, a state court’s decision to accept an untimely filing makes the postconviction review “properly filed” but it doesn’t make it retrospectively “pending” so as to toll the limitation period.

Griffith seeks federal habeas review of his state court conviction. The limitation provision requires filing within within one year of “the date on which the judgment became final by the conclusion of direct review,” 28 U.S.C.

Holland v. Florida, USSC No. 09-5327, 6/14/10

Habeas – Filing Deadline – Equitable Tolling, Generally

The 1-year limitations period for filing an 18 U.S.C. §2254 habeas petition is subject to “equitable tolling”:

We have not decided whether AEDPA’s statutory limitations period may be tolled for equitable reasons. … Now, like all 11 Courts of Appeals that have considered the question, we hold that §2244(d) is subject to equitable tolling in appropriate cases.

Terrance Bernard Davis v. Borgen, 349 F.3d 1027 ( 7th Cir. 03-2354, 11/20/03)

Issue/Holding: A certificate of appealability of dismissal of a habeas petition filed four years after the deadline is vacated:

To recap the statutory requirements: (1) A certificate of appealability may be issued only if the prisoner has at least one substantial constitutional question for appeal.