Holmes v. Spencer, No. 15-1216 (1st Cir. 2016)
Annotate this CaseDefendant pleaded guilty to murder in the second degree in exchange for the mandatory sentence of life imprisonment with the possibility of parole. Defendant subsequently filed a motion to revise or revoke under Mass. R. Crim. P. 29, to no avail. After unsuccessfully seeking relief in state courts, Defendant filed a federal habeas petition alleging that his trial counsel was deficient for allegedly inducing him to plead guilty on the assurance that he would be able to reduce his sentence through the Rule 29 process. The district court dismissed the petition as untimely under the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act (AEDPA). The First Circuit upheld the determination that Defendant’s petition was untimely but remanded for consider as to whether the running of the limitations period should should be tolled on equitable grounds. On remand, the district court found equitable tolling unwarranted and denied habeas relief. The First Circuit affirmed, holding that the district court did not abuse its discretion in concluding that Defendant failed to satisfied the two necessary conditions for equitable tolling.
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