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AEDPA Habeas Deadlines

The nastiest issue in habeas corpus proceedings is the deadlines.  If someone questions me about a habeas petition, I immediately drop everything, and pray that we haven't missed a deadline.  In comparison to deadlines, the con law stuff is easy.  How closely do you need to read Crawford v. Washington to understand it?  Simple stuff.  You must squint your eyes when reading the AEDPA.A recent Sixth Circuit Court of Appeals opinion provides a nice summary of the relevant one-year deadline - along with the nasty tolling provisions.  Sherwood v. Prelesnik, No. 08-1019 (6th Cir. Sept 3, 2009) (here). If you've never had a habeas deadline issue arise before, behold this loveliness:Michael Sherwood, a Michigan prisoner, appeals a district court judgment dismissing his petition for writ of habeas corpus filed pursuant to 28 U...continue to full post

Full post as published by Crime & Federalism on September 21, 2009 (boomark / email).