Does the statute of limitations for post-conviction relief apply during the time a properly filed application is pending?
MultiRegion, United States of America
The following excerpt is from Hicks v. Yates, No. 2:11-cv-02009 MCE DAD P (E.D. Cal. 2013):
Thus, pursuant to 28 U.S.C. 2244(d)(2), the AEDPA statute of limitations is statutorily tolled during the time a properly filed application for post-conviction relief is pending in state court. The statute of limitations is not tolled during the interval between the date on which a judgement of conviction becomes final and the date on which the petitioner files his first state collateral challenge because there is no case "pending" during that period. See Porter v.
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