Is the statute of limitations tolled when a final collateral challenge is denied?

MultiRegion, United States of America

The following excerpt is from Soto v., Case No. 1:13-cv-02097-AWI-BAM-HC (E.D. Cal. 2015):

Court rejects the petitioner's final collateral challenge, as long as the petitioner did not "unreasonably delay" in seeking review. Id. at 221-23; accord, Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999). Thus, absent unreasonable delay, the statute is tolled during the gaps between denial of a petition and the filing of the next petition in a higher state court because the collateral review process is deemed "pending" within the meaning of 2244)(d)(2). However, the statute of limitations is not tolled from the time a final decision is issued on direct state appeal and the time the first state collateral challenge is filed because there is no case "pending" during that interval. Nino v. Galaza, 183 F.3d at 1006; see, Lawrence v. Florida, 549 U.S. 327, 330-33 (2007) (holding that the time period after a state court's denial of state post-conviction relief and while a petition for certiorari is pending in the United States Supreme Court is not tolled because no application for state post-conviction or other state collateral review is pending).

Other Questions


Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
What is the statute tolling of the limitations period between the time a final decision is issued on direct state appeal and the time the first state collateral challenge is filed? (MultiRegion, United States of America)
Is the statute of limitations tolled from the time of a final decision on direct state appeal and the time the first state collateral challenge is filed? (MultiRegion, United States of America)
Does the statute of limitations under the AEDPA apply during the time between the date that a judgment becomes final and the date on which the petitioner files his first state collateral challenge? (MultiRegion, United States of America)
What is the statute tolled in the statute of limitation period for a petitioner to appeal against a final decision issued on direct state appeal? (MultiRegion, United States of America)
What is the statute tolling of the limitations period for applying for a new collateral challenge? (MultiRegion, United States of America)
Does the statute of limitations extend from the time a final decision is issued on direct state appeal to the time the first state collateral challenge is filed? (MultiRegion, United States of America)
What is the statute of limitations between the time a criminal conviction becomes final on direct review and the time the first state collateral challenge is filed? (MultiRegion, United States of America)
Does the statute of limitations under the AEDPA apply during the time between the date of a judgment becoming final and the date on which the petitioner files his first state collateral challenge? (MultiRegion, United States of America)
Does the statute of limitations run from the time a final decision on direct appeal is issued to the time the first collateral challenge is filed? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.