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Wednesday, January 11, 2006

Evans v. Chavis: 3 year AEDPA delay too long

In Evans v. Chavis, No. 94-721 (Jan. 10, 2006), the Supreme Court, applying Carey v. Saffold, 536 U.S. 214 (2002), held that a state post-conviction proceeding cannot be considered "pending" and thereby toll the one-year AEDPA statute of limitations, when the petitioner delayed for over three years filing his appeal in the California Supreme Court from an adverse decision, and did not have an adequate excuse to explain his inaction during this entire period. The Court reversed the Ninth Circuit’s contrary holding.