Does the statute of limitation apply to a "properly filed" application for state post-conviction or other collateral review while the application is pending?

MultiRegion, United States of America

The following excerpt is from Luna v. Kernan, No. CIV S-04-0627 KJM GGH P (E.D. Cal. 2012):

Under AEDPA, the period of limitation is tolled while a "properly filed" application for state post-conviction or other collateral review is pending. 28 U.S.C. 2244(d)(2). Petitions are properly filed so long as there was no unreasonable delay between the petitions, and if each petition is properly filed, then a petitioner is entitled to a tolling of the statute of limitations during the intervals between a lower court decision and the filing of a petition in a higher court during one complete round of appellate review ("interval tolling"). See Evans v. Chavis, 546 U.S. 189, 193-94, 126 S.Ct. 846 (2006).

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