Monday, September 15, 2014

Habeas petitioner sufficiently stated federal due process claim to exhaust them

Oliver v. Cline, 2014 WL 3973531 (8/15/14) (Kan.) (unpub'd) - No equitable tolling for the running of the statute of limitations, despite state habeas counsel's failure to notify Mr. Oliver immediately about the Kansas Supreme Court's denial of his habeas petition where he had only 4 days left to file the federal petition after that denial. The Tenth says Mr. Oliver wasn't diligent enough because he took 361 days to file the state habeas petition [counsel wasn't appointed until after the filing of the state petition].