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Writ of Habeas Corrpus – Timeliness – Actual Innocence Exception

By: Derek Hawkins//September 1, 2015//

Writ of Habeas Corrpus – Timeliness – Actual Innocence Exception

By: Derek Hawkins//September 1, 2015//

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Civil

7th Circuit Court of Appeals

Officials: BAUER and HAMILTON, Circuit Judges, and ELLIS, District Judge.

Writ of Habeas Corrpus – Timeliness – Actual Innocence Exception

No.13-3141 Myron Gladney v. William Pollard

Appellants writ of habeas corpus petition filed over a decade after his conviction became final was untimely and he did not meet the actual innocence exception for extending the time limit; as such, his petition was properly dismissed.

“Under § 2244(d)(1)(D), a petitioner has an additional year to file any claim starting from “the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.” Under equitable tolling principles, a petitioner need not count the time during which he (1) pursues his rights diligently, and (2) “some extraordinary circumstance stood in his way and prevented timely filing.” Holland, 560 U.S. at 649 (citation and internal quotation marks omitted).”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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