No. 19-501
Shawn C. Rutland v. Warden, Smith State Prison
Response Waived
Tags: aedpa aedpa-tolling assistance-of-counsel discretion-of-district-courts district-court-discretion equitable-tolling federal-habeas habeas-corpus statute-of-limitations
Latest Conference:
2019-12-06
Question Presented (from Petition)
Did the Eleventh Circuit opinion improperly create a new bright-line rule, unsupported by authority and in derogation of principles of equity and of the discretion afforded to district courts, that equitable tolling of the one-year statute of limitation of AEDPA for filing a § 2254 habeas petition automatically lapses the moment a petitioner procures assistance of counsel?
Question Presented (AI Summary)
Whether the Eleventh Circuit improperly created a new bright-line rule that equitable tolling of AEDPA's one-year statute of limitations automatically lapses when a petitioner procures counsel
Docket Entries
2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-12
Waiver of right of respondent Warden, Smith State Prison to respond filed.
2019-10-15
Petition for a writ of certiorari filed. (Response due November 18, 2019)
Attorneys
Shawn Rutland
Laura D. Hogue — Hogue Hogue Fitzgerald & Griffin, LLP, Petitioner
Warden, Smith State Prison
Andrew Alan Pinson — Office of the Georgia Attorney General, Respondent