What is the current state of the law in the context of tolling in a habeas case?
The following excerpt is from Bills v. Clark, 628 F.3d 1092 (9th Cir. 2010):
Perhaps most pertinent is Laws v. Lamarque, 351 F.3d 919 (9th Cir.2003), where we reiterated the causation requirement recognized in our equitable tolling cases, holding that where a habeas petitioner can show "mental incompetence in fact caused him to fail to meet the AEDPA filing deadline, his delay was caused by an 'extraordinary circumstance ...,' and the deadline should be equitably tolled." Id. at 923 (emphasis added). In making the assessment, we examined "whether his mental illness [during the limitations period] constituted the kind of extraordinary circumstances beyond his control, making filing impossible, for which equitable tolling is available." Id. at 922-23 (emphasis added). But nothing in Laws required us
[628 F.3d 1098]
to refine the legal standard and explore what mental conditions would satisfy the extraordinary circumstances requirement.[628 F.3d 1098]
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