United States v. Denny, No. 11-2029 (10th Cir. 2012)Annotate this Case
Federal inmate Defendant Travis Denny sought a certificate of appealability (COA) to allow him to appeal the district court’s dismissal of his motion for relief under 28 U.S.C. 2255. The court ruled that his motion was time-barred under the one-year limitations period of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Most of Defendant’s challenges to that ruling were "routine," but he raised a novel claim based on the AEDPA provision that delays the start of the limitations period until "the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence." He argued that he should be given additional time because he discovered the pertinent facts only by exercising extraordinary diligence. Upon review, the Tenth Circuit granted a COA on the timeliness issue but affirmed the district court.