Rogers v. Ferriter

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Petitioner, convicted of two counts of felony sexual assault, appealed the district court's dismissal of his 28 U.S.C. 2244 habeas petition as untimely. The court held that petitioner's application for review of his sentence was “pending” during the time that the Sentence Review Division (SRD) of the Montana Supreme Court held it in abeyance so he could seek other state collateral review. The Antiterrorism and Effective Death Penalty Act's (AEDPA), 28 U.S.C. 2244(d)(2), statute of limitations was tolled after the SRD held petitioner's application in abeyance but before he filed for other state collateral relief. Accordingly, the court reversed the district court's judgment and remanded for further proceedings. View "Rogers v. Ferriter" on Justia Law