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Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period by David Reutter by David M. Reutter The Supreme Court of Oregon held that a petitioner’s mental impairments are relevant to whether the escape clause in the statute of limitations applies …
Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was …
Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’ by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that Charlie D. Leshore, Jr., was entitled to file a belated appeal more than 21 years after his conviction …
Article • February 15, 2022 • from CLN March, 2022
California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1) by Dale Chappell by Dale Chappell  Deciding a question of first impression, the Court of Appeal of California, Fourth Appellate District, held that an order to show cause …
Article • February 15, 2022 • from CLN March, 2022
Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that, although a subsequent indictment recited the same …
Article • November 15, 2021 • from CLN December, 2021
Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota announced that the two-year time limit set forth in Minn. Stat. § 590.01, subd. 4(c) to file a timely postconviction petition …
Article • June 15, 2021 • from CLN July, 2021
Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit rejected the state of Florida’s push for a 30-day time limit for amended state postconviction …
Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Washington, the Court, sitting en banc, adopted the federal standard enunciated in Lawrence v. Florida, …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners by Dale Chappell by Dale Chappell The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a …
Article • July 15, 2020 • from CLN August, 2020
Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus by Dale Chappell