Friday, December 28, 2012

Eleventh Circuit -- Ronald Bert Smith v. Commissioner, Alabama Department of Corrections


Filing of Habeas petition without fee does not toll the AEDPA one year clock.

Where in-state counsel is possibly incompetent, lack of pro hac vice status for out-state-counsel does not allow court to find abandonment sufficient to equitably toll the AEDPA deadline.

Ronald Bert Smith v. Commissioner, Alabama Department of Corrections


Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.