June 27, 2006

Reviewing whether, and under what circumstances, the one year deadline for filing a federal habeas petition can be subject to "equitable tolling." DECIDED

This is a death penalty case that raises the question of how to calculate the one-year period for filing a federal habeas petition and whether that deadline can be "equitably tolled" under certain circumstances. The ACLU amicus brief argues that "equitable tolling" is appropriate when a state, in this case Florida, promises to provide death row inmates with quality representation in postconviction proceedings, and appointed counsel then fails to file timely pleadings.

Stay Informed