X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46710 Judge Sweet INCARCERATED PETITIONER sought by writ of habeas corpus to vacate his robbery conviction. The court dismissed the petition as time-barred under the Antiterrorism and Death Penalty Act of 1996 (AEDPA), noting that petitioner’s conviction became final on Feb. 1, 2000, the last date upon which he could have sought certiorari to the U.S. Supreme Court. It was 215 days later, on Sept. 4, 2000, when petitioner filed his writ of error coram nobis application, claiming ineffective assistance of counsel, at which point the limitations period was tolled. The limitations clock began running again on Oct. 30, 2001, when that application was denied and petitioner then had 150 days left to file his federal habeas petition. The instant petition was only signed on June 4, 2002 and delivered to prison authorities on June 5, 2002, which was 218 days later. The court concluded, therefore, that even after factoring in the tolling provision, petitioner failed to meet the statutory limitations period established under AEDPA.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.