a. Filing deadline

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… Read more

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… Read more

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… Read more

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… Read more

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… Read more

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… Read more

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… Read more