Dist. Ct. erred in dismissing as untimely defendant’s habeas petition that challenged her murder conviction and sentence, where Dist. Ct. failed to adequately consider defendant’s claim that equitable tolling should apply, where defendant asserted that her mental disability, as well as her state-court appointed counsel’s failure to provide her with certain documents prevented her from filing timely petition. Record showed that defendant’s pro se petition was filed 278 days after applicable one-year deadline for filing habeas petition, and Dist. Ct. failed to properly consider defendant’s reasons for her delay in filing petition, where her mental condition could have prevented her from communicating said reasons effectively. On remand, Dist. Ct. should appoint counsel to represent defendant and hold evidentiary hearing, if necessary.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus