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Lawrence v. Florida
No. 05-8820
Title:
    Gary Lawrence v. Florida

Subject:

    Capital Cases, Antiterrorism and Effective Death Penalty Act (AEDPA), Statute of Limitations, Equitable Tolling, Extraordinary Circumstances
Question:
  1. There is a split in the circuits about whether the one-year period of limitations is tolled for "[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment of claim is pending . . . . " Antiterrorism and Effective Death Penalty Act (AEDPA) 28 U.S.C. Section 2244(d) (2). Where a defendant facing death has pending a United States Supreme Court certiorari petition to review the validity of the state's denial of his claims for state postconviction relief, does the defendant have an application pending which tolls the 2244 (d)(2) statute of limitations?

  2. Alternatively, does the confusion around the statute of limitations --as evidenced by the split in the circuits -constitute an "extraordinary circumstance," entitling the diligent defendant to equitable tolling during the time when his claim is being considered by the United States Supreme Court on certiorari?

  3. And in the second alternative, do the special circumstance where counsel advising the defendant as to the statute of limitations was registry counsel - a species of state actor - under the monitoring supervision of Florida Courts, with a statutory duty to file appropriate motions in a timely manner, constitute an "extraordinary circumstance" beyond the defendant's control such that the doctrine of equitable tolling should operate to save his petition?
Decisions:

Resources:

Briefs:

    Parties Counsel of Record

For Petitioner Gary Lawrence:

Mary Catherine Bonner
Ft. Lauderdale, FL
For Respondent Florida:
Cassandra K. Dolgin
Assistant Attorney General
Tallahassee, FL


 

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