United States Fourth Circuit

A federal habeas petition was filed after the expiration of the 1-year AEDPA limitations period, including statutory tolling. Because petitioner failed to show any extraordinary circumstances beyond his control that prevented him from complying with the statute of limitations he is not entitled to equitable tolling.

Appellate Information

• Decided 08/11/2003
• Published 08/11/2003

Judges

• Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Maher, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant.  Clarence Joe DelForge, III, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF: Robert M. Hurley, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant.  Roy Cooper, Attorney General, William N. Farrell, Jr., Senior Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.