What is the statute of limitations for an application for post-conviction or other collateral review?

MultiRegion, United States of America

The following excerpt is from Trammel v. Clark, No. 2:19-cv-02078-JAM-CKD P (E.D. Cal. 2020):

Under the AEDPA, the statute of limitations is tolled during the time that a properly filed application for state post-conviction or other collateral review is pending in state court. 28 U.S.C. 2244(d)(2). A properly filed application is one that complies with the applicable laws and rules governing filings, including the form of the application and time limitations. Artuz v. Bennett, 531 U.S. 4, 8 (2000). The statute of limitations is not tolled from the time when a direct appeal in

Page 4

Other Questions


Does the statute of limitation apply to a "properly filed" application for state post-conviction or other collateral review while the application is pending? (MultiRegion, United States of America)
Does the statute of limitation apply to applications for post-conviction review while the other application is pending? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
When a state post-conviction or other collateral review is pending, does that delay the running of the statute of limitations? (MultiRegion, United States of America)
Is a judicial review application directed against a negative PRRA decision moot where the Applicant for judicial review has been removed from or voluntarily left Canada? (Canada (Federal), Canada)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
Does the statute of limitation for filing an application under section 2255(f) of the Criminal Code require a year to file the application? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.