If a post-conviction petition is denied as untimely in the federal court, can the statute of limitations under Section 2244(d)(2) of the Criminal Code be tolled by a state court?
MultiRegion, United States of America
The following excerpt is from Bun v. Lopez, 1:10-cv-01274 LJO MJS HC (E.D. Cal. 2011):
petitions will only toll the one-year statute of limitations under 2244(d)(2) if the state court explicitly states that the post-conviction petition was timely or was filed within a reasonable time under state law. Pace, 544 U.S. 408; Evans v. Chavis, 546 U.S. 189 (2006). Claims denied as untimely or determined by the federal courts to have been untimely in state court will not satisfy the requirements for statutory tolling. Id.
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