Monday, August 06, 2012

Petitioner loses on equitable tolling issue

McCosar v. Standiford, 2012 WL 2819779 (7/11/12) (Okl.) (unpub'd) - The 10th indicates it thinks maybe the d. ct. was wrong when it held the ยง 2254 petitioner was not entitled to equitable tolling of the year time limit, since the petitioner did not get timely notice of the final decision of the state's highest court. The d. ct. faulted the petitioner for not providing the date when he did learn of the decision, for not producing the prison mail log and for waiting 11 1/2 months to file the state habeas petition. The 10th affirms the dismissal because it had to defer to the d.ct.'s resolution of the equitable tolling issue.