AEDPA Statute of Limitations Tolled By State Prisoner's Motion for Modification of Sentence
Howard v. Ulibarri, --- F.3d ----, 2006 WL 2277965 (10th Cir., August 09, 2006)
Petitioner’s motion for modification of his sentence under NM Crim. P. Rule 5-801 was a “post conviction or other collateral review” request that tolled the running of the AEDPA 1 year statute of limitations. Nothing in AEDPA limits state post conviction challenges which toll AEDPA to challenges of convictions, not sentences. Moreover the 10th’s recent decision in Robinson v. Goldberger,443 F3d 718, that the materially same modification-of-sentence procedure in Colorado tolls AEDPA, controls.
Petitioner’s motion for modification of his sentence under NM Crim. P. Rule 5-801 was a “post conviction or other collateral review” request that tolled the running of the AEDPA 1 year statute of limitations. Nothing in AEDPA limits state post conviction challenges which toll AEDPA to challenges of convictions, not sentences. Moreover the 10th’s recent decision in Robinson v. Goldberger,443 F3d 718, that the materially same modification-of-sentence procedure in Colorado tolls AEDPA, controls.
posted by Anonymous at 10:13 AM
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