Wednesday, 21 February 2007

US Supreme Court rules Florida death row inmate cannot appeal due to missed filing deadline

US Supreme Court rules Florida death row inmate cannot appeal due to missed filing deadline: In an application of the Anti-Terrorism and Effective Death Penalty Act of 1996, the US Supreme Court ruled by a 5-4 vote today that Florida death row inmate Gary Lawrence is ineligible to pursue a federal court appeal because he failed to file the appeal within one year of completion of his state appeals. AP has this coverage. Ruling is here (9-page pdf). Scotusblog has more here in a summary of today's US Sup Ct rulings (scroll down).
Scotusblog excerpt:
...the Court, dividing 5-4, ruled that the one-year filing period for a federal habeas challenge of a state conviction is not interrupted while the inmate has a petition for review pending in the U.S. Supreme Court. That "tolling period," the Court said, only applies when a post-conviction challenge is pending in state courts. Justice Thomas wrote the majority opinion in Lawrence v. Florida (05-8820).

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