Dist. Ct. did not err in dismissing as untimely defendant’s habeas petition, challenging his drug and nuisance convictions on speedy trial grounds, where defendant filed instant petition beyond applicable one-year limitation period. Defendant argued that he was entitled to application of equitable tolling, where his legal counsel gave him bad legal advice as to deadline for filing habeas petition, under circumstances where he was prepared to file said petition within applicable filing period absent said advice. However, equitable tolling did not apply, where: (1) defendant was required to show that some external factor prevented him from filing timely petition; (2) attorney miscalculation of deadline constituted, at best, only internal, as opposed to external factor that caused instant delay; and (3) counsel bad legal advice did not deprive defendant of control over his case or alter his ability to determine on his own applicable deadline for filing his habeas petition. Ct. also observed that where defendant’s legal counsel makes legal error, defendant must be saddled with consequences of said error.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus