What is the "mailbox rule" used to calculate tolling of the statute of limitations under AEDPA?
MultiRegion, United States of America
The following excerpt is from U.S. v. Valdez-Santos, No. CR S-02-104-LKK GGH (E.D. Cal. 2011):
3. The "mailbox rule" applies to applications to both the California and federal courts for purposes of calculating tolling of the statute of limitations under AEDPA. Dils v. Small, 260 F.3d 984, 986 (9th Cir. 2001); Anthony v. Cambra, 236 F.3d 568, 574-75 (9th Cir. 2000), cert. denied, 533 U.S. 941, 121 S.Ct. 2576 (2001).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the statute of limitations apply to a petitioner who has not filed a post-conviction application since the expiration of the AEDPA limitation period? (MultiRegion, United States of America)
Does the AEDPA statute of limitations have jurisdiction or equitable tolling? (MultiRegion, United States of America)
What is the test for equitable tolling of the one year statute of limitations under AEDPA? (MultiRegion, United States of America)
Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
Does a federal habeas court need to begin its AEDPA statute- limitations analysis with the relevant timeliness calculations? (MultiRegion, United States of America)
Does a state petition for post-conviction relief that is Page 8 of the AEDPA statute of limitations have tolling? (MultiRegion, United States of America)
Can a borrowed state statute of limitations be tolled in a claim based on a federal statute? (MultiRegion, United States of America)
What is the statute tolled in the statute of limitation period for a petitioner to appeal against a final decision issued on direct state appeal? (MultiRegion, United States of America)
Does a state court habeas petition pursuant to section 2244(d)(2) toll the running of the AEDPA statute of limitations? (MultiRegion, United States of America)
Is the statute of limitations for a plaintiff's claim under AEDPA statutory tolling applicable? (MultiRegion, United States of America)
