In a murder prosecution, dismissal of petitioner’s habeas petition as untimely is vacated where petitioner’s mental illness could serve as a ground for equitable tolling of the one-year statute of limitations for filing habeas petitions prescribed by the Antiterrorism and Effective Death Penalty Act.

Read Bolarinwa v. Williams, No. 08-0832

Appellate Information

Argued: November 18, 2009

Decided: January 28, 2010

Judges

Opinion by Judge Katzmann

Counsel

For Appellant:

Theodore S. Green, Green & Willstatter, White Plains, NY

For Appellee:

Ashlyn Dannelly, Assistant Attorney General, New York, NY

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