Herbert v. Dickhaut, No. 11-1888 (1st Cir. 2012)Annotate this Case
At issue on this appeal was whether a petition for habeas corpus was timely filed within the one-year limitations period provided by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The district court found that Petitioner filed his petition within the one-year window because the running of the limitations period was tolled by proceedings in Massachusetts state court. However, the court rejected the petition on its merits. The First Circuit Court of Appeals affirmed the district court's judgment, albeit on different grounds, holding that Petitioner's petition was filed well outside of AEDPA's one-year limitations period.