United States Second Circuit

In a murder prosecution, dismissal of petitioner's habeas petition as untimely is vacated where petitioner's mental illness could serve as a ground for equitable tolling of the one-year statute of limitations for filing habeas petitions prescribed by the Antiterrorism and Effective Death Penalty Act.

Appellate Information

• Argued 12/07/2009
• Decided 01/28/2010
• Published 01/28/2010

Judges

• KATZMANN, Circuit Judge:, Before KATZMANN and LIVINGSTON, Circuit Judges, STANTON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Theodore S. Green, Green & Willstatter, White Plains, NY, for Petitioner-Appellant.


• For Appellees:
  
• Ashlyn Dannelly, Assistant Attorney General (Barbara D. Underwood, Solicitor General, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, of counsel), for Andrew M. Cuomo, New York State Attorney General, New York, NY, for Respondent-Appellee.