Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Criminal Law
: Sentencing Law and PolicyAEDPA, equitable tolling, and SCOTUS "umpires" with empathy
By Douglas A. Berman
ADVERTISEMENTS
I may not get a chance until tonight to read closely the Supreme Court's opinions today in Holland v. Florida (available here). But I think it is worth an early comment that the Court's conclusion that the habeas corpus statute of limitations in AEDPA is subject to "equitable tolling" comes out as an 7-2 outcome AND that Chief Justice Roberts fully joins Justice Breyer's opinion for the Court. Moreover, this final paragraph of Justice Scalia's dissent in Holland prompts the title of this post:
The Court?s impulse to intervene when a litigant?s lawyer has made mistakes is understandable; the temptation to tinker with technical rules to achieve what appears ajust result is often strong, especially when the client faces a capital sentence. But the Constitution does not empower federal courts to rewrite, in the name of equity, rules that Congress has made...continue to full postFull post as published by Sentencing Law and Policy on June 14, 2010 (boomark / email).
Related Law Articles
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Related Searches
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.

McNeil: Extraordinary Attorney Negligence Tolls AEDPA period
Limited English Proficiency Doesn't Justify Tolling AEDPA Deadline
Traum on Habeas & Equitable Tolling
Supreme Court rules deadline for habeas appeal may be tolled
Minimal Prison Library Does Not Justify Equitable Tolling








