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: Capital Defense Weekly

first look at the last edition of meteorological winter

By Karl R. Keys, Esq.

From the upcoming edition, no capital wins noted so far.Death Pablo San Martin v. Secretary, 2011 U.S. App. LEXIS 3529 (11th Cir 2/23/2011) Petitioner?s assertion that the ?two-week delay in his receipt of actual notice of a United States Supreme Court order triggering the commencement of the one-year statute of limitations? under AEDPA does not change the fact that for purposes of the one year statute of limitations commenced on the day cert was denied. ?In sum, the AEDPA statute of limitations cannot be tolled for the two-week period during which the United States Supreme Court had ruled on San Martin’s direct appeal but had not yet notified San Martin of that ruling; and San Martin is not entitled to equitable tolling in light of his own lack of diligence and the lack of extraordinary circumstances preventing his timely filing? People v...continue to full post

Full post as published by Capital Defense Weekly on February 27, 2011 (boomark / email).