Dist. Ct. did not err in dismissing as untimely defendant’s habeas petition, where defendant’s attorney miscalculated starting point of relevant one-year limitations period for filing said petition. Limitations period began on date U.S. Supreme Ct. denied defendant’s petition for writ of certiorari and not when U.S. Supreme Ct. had subsequently denied defendant’s petition for rehearing (as counsel believed), and defendant was not entitled to invoke doctrine of equitable tolling to excuse said delay, even if result was to bar his claim of ineffective assistance of counsel, since, under Lawrence, 549 U.S. 327, counsel’s mistaken understanding about applicable deadline for filing petition did not qualify as “extraordinary” circumstance that was beyond defendant’s control. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Habeas Corpus