The Supreme Court has granted certiorari in Holland v. Florida on the question of tolling the statute of limitations for habeas petitions. Despite the name, this is a federal habeas petition from the Eleventh Circuit. (The respondent is supposed to be a corrections official. The State has Eleventh Amendment immunity.) The Eleventh Circuit's decision is here.
The district court dismissed the petition as untimely because it was filed beyond the one-year limitations period provided by 28 U.S.C. ยง 2244(d)(1). On appeal, Petitioner argues that he was entitled to equitable tolling of the limitations period for filing his federal habeas petition because of egregious conduct by his counsel during his post-conviction proceedings. Seeing no reversible error, we affirm the district court's dismissal of Petitioner's petition.I will be traveling today and not able to blog further on this case or the Spisak argument until much later.
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