Habeas, Time Limit, Equitable Tolling

Holland v Florida, __ US __; 130 S Ct 2549; 177 L Ed 2d 130 (2010)(june’10). Defendant sent many letters to his appointed attorney in this death case, urging that the attorney file a timely habeas petition and reminding the attorney about the strict timing rules. Despite this due diligence on the part of Defendant, the federal district court and the Eleventh Circuit refused to allow equitable tolling for Defendant’s five-week-late pro se habeas petition. The Supreme Court, with Scalia and Thomas dissenting, held that Defendant was indeed entitled to equitable tolling under the extraordinary circumstances set out here. The attorney’s misconduct in this matter was beyond mere negligence.