No. 19-501

Shawn C. Rutland v. Warden, Smith State Prison

Lower Court: Eleventh Circuit
Docketed: 2019-10-18
Status: Denied
Type: Paid
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. HogueHogue Hogue Fitzgerald & Griffin, LLP, Petitioner
Warden, Smith State Prison
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent