Is the statute of limitations defense under AEDPA applicable in other states?
MultiRegion, United States of America
The following excerpt is from Odom v. Adams, No. 2:17-cv-0233 JAM AC P (E.D. Cal. 2019):
As "the AEDPA statute of limitations defense . . . is not jurisdictional," it is subject to equitable tolling. Holland v. Florida, 560 U.S. 631, 645-46 (2010) (citations and internal quotation marks omitted). In order to receive equitable tolling under AEDPA, a litigant must establish "(1) that [s]he has been pursuing [her] rights diligently, and (2) that some extraordinary circumstance stood in [her] way." Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005) (citation omitted).
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