United States Fourth Circuit

Defendant's petition for habeas corpus was untimely because the limitations period is only tolled from the time an application for state post-conviction or other collateral review is initially filed until it is finally disposed of by the state courts, including during times between denials of claims and appeals.

Appellate Information

• Decided 02/07/2001
• Published 02/07/2001

Judges

• Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Letitia C. Echols, North Carolina Prisoner Legal Services, Inc., Raleigh, NC, for Appellant.  Clarence Joe DelForge, III, Assistant Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellee.   ON BRIEF:  Michael F. Easley, Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellee.