Forbess v. Franke

Petitioner, convicted of attempted murder, assault, kidnapping, and coercion of his former wife, appealed the district court's rejection of his petition for post-conviction relief as untimely. The court concluded that petitioner's unique mental illness made it impossible for him to timely file his federal habeas petition and in fact caused him to fail to meet the filing deadline. Therefore, the court concluded that petitioner was entitled to equitable tolling of the Antiterrorism and Effective Death Penalty Act's, 28 U.S.C. 2244(d)(1)(A), one-year statute of limitation. The court reversed and remanded. View "Forbess v. Franke" on Justia Law