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… Read more
Collateral tolling
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… Read more
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… Read more
