Tuesday, March 04, 2008

AEDPA Time Limits Roll On Despite Counsel's Bad Advice

U.S. v. Azubuike, 2008 WL 510527 (2/26/08) (unpub'd) - The Tenth addresses the AEDPA's time limitations and equitable tolling rules. It was not a legitimate excuse for a late 2255 filing that the defendant did not learn that his attorney misadvised him about the law until an inmate informed him of that fact. The one-year time limit starts from the discovery of a new fact, not from the discovery of the fact that counsel gave wrong advice about the law.