No Equitable Tolling for State Habeas Petitioner

Laurson v. Leyba, 2007 WL 2874444 (10th Cir. Oct. 3, 2007): State habeas petitioner was properly denied a certificate of appealability where his AEDPA statute of limitations expired in 1999, well before the time he filed his state habeas petition in 2001. Petitioner presented two arguments for equitable tolling: he was dyslexic and was "actually innocent." The time was not tolled by his dyslexia. Additionally, his "actual innocence claim" was rejected on the bases that: 1) a claim that the crime of which he was convicted "does not exist" in Colorado is an issue of state law; 2) a claim that his guilty plea was erroneous does not equal actual innocence; and 3) the doctrine of "actual innocence" does not apply to persons convicted of noncapital crimes.