United States Tenth Circuit
FISHER v. GIBSON, 99-6457, 99-7107, 00-7114
Where petitioner pled guilty in three separate proceedings and was found competent in each one, he may not claim equitable tolling for alleged incompetence for failure to file a habeas petition within one year of AEDPA's effective date, even if one of the prior proceedings used a constitutionally infirm standard for competency.
Appellate Information
- Decided 08/22/2001
- Published 08/22/2001
Judges
- OWEN, District Judge., Before SEYMOUR, PORFILIO, Circuit Judges, and OWEN, District Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- John K. Bounds, Hugo, OK, for appellant.
- For Appellees:
- Kellye Bates, Assistant Attorney General, (W.A. Drew Edmondson, Oklahoma Attorney General, with her on the briefs), Oklahoma City, OK, for appellees.