What is the limitation on collateral use in a federal habeas petition?
MultiRegion, United States of America
The following excerpt is from Sarmiento v. Pfeiffer, Case No.: 20-cv-0930-WQH-AGS (S.D. Cal. 2021):
Although collateral review statutorily tolls the limitation, this only applies during state habeas corpus review, not during a pending federal petition. Duncan v. Walker, 533 U.S. 167, 181-82 (2001). There is no indication that Sarmiento filed any state habeas petitions, so statutory tolling is unavailable. Furthermore, neither party has raised any equitable-tolling arguments.
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