Postconviction Statute of Limitations – Equitable Tolling

Listen to this article

7^th Circuit Court of Appeals

Case Name: Charles J. Mayberry v. Michael A. Dittmann

Case No.: 17-1631

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: Postconviction Statute of Limitations – Equitable Tolling

In 2008, Charles Mayberry was convicted in Wisconsin state court of multiple counts of second-degree sexual assault and one count of false imprisonment. Mayberry challenged his convictions on both direct and collateral review in Wisconsin state court. After having one federal petition for a writ of habeas corpus, 28 U.S.C. § 2254, dismissed by the district court as premature, Mayberry fully exhausted his state-court remedies and refiled his habeas petition in the district court. By this point, however, the one year statute of limitations in the Anti-Terrorism and Effective Death Penalty (“AEDPA”), 28 U.S.C. § 2244(d), had expired, and so the district court dismissed Mayberry’s petition as untimely. Mayberry acknowledges that his petition was filed outside the one-year limitations period, but argues that he is entitled to equitable tolling on account of his history of mental illness, illiteracy, and lack of counsel to assist him. Alternatively, Mayberry argues that the district court should have held an evidentiary hearing to determine whether his mental limitations warranted equitable tolling. Because we conclude that the district court did not abuse its discretion in concluding that Mayberry failed to meet the high bar necessary to qualify for equitable tolling, we affirm.

Affirmed

Full Text

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.