Wednesday, December 22, 2010

Fourth Circuit remands for determination of equitable tolling in light of Holland

United States v. Terrell, No. 10-6886 (4th Cir. Dec. 21, 2010):

The district court granted a certificate of appealability to determine the applicability of equitable tolling to AEDPA's statute of limitations.  Since that time, the Supreme Court issued the Holland opinion, which is directly on point.  The Fourth Circuit remanded for further proceedings consistent with Holland.

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