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Habeas Corpus – AEDPA

United States Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus – AEDPA — equitable tolling

Where the court incorrectly informed a state prisoner that his case was pending, when it had in fact been denied, equitable tolling applies.

“There is no reason not to toll the 150-day provision until March 22, 2013, the day Carter finally learned that the district judge had decided the case against him. He could not, considering his situation as a prisoner without legal sophistication or a lawyer, have learned this essential information earlier. Having been told back in December 2011 that his petition was pending and—as important—that he’d be informed when the judge ruled on the petition, Carter had no reason to think that he would have to make periodic inquiries of the clerk’s office concerning the status of his case in order to protect his right to appeal.”

So ordered.

13-2243 Carter v. Hodge

 

Appeal from the United States District Court for the Northern District of Illinois, Leinenweber, J., Posner, J.


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