Section 15.44 Time Limitations

• Library: App Ct Prac 2015 Supp

7. (§15.44) Time Limitations

The AEDPA has placed a statute of limitations on the institution of federal habeas corpus proceedings. These proceedings must be brought within one year of the conviction becoming final—i.e., appeals are completed. Time actually spent in state collateral review appears to be tolled. Other tolling provisions include:

· when unconstitutional state action—e.g., Brady violation—prevents a timely assertion of the claim;

· when the Supreme Court announces a new retroactive rule; or

· when due diligence would not have timely revealed the factual predicate to the claim.

Under these exceptions, the petitioner has one year after discovery or announcement of the new rule. Indigence, lack of counsel, or mental disturbance does not toll the statute.

The actual text of 28 U.S.C. § 2244(d) reads:

(1) A 1-year period of limitation shall apply to an application for...