Stuart v. State of Utah, No. 11-4130 (10th Cir. 2011)
Annotate this CasePro se prisoner Petitioner Darrell Stuart sought a certificate of appealability (COA) to challenge a district court's denial of his application for habeas relief. Petitioner pled guilty in 2007 to two counts of sexual abuse of a child and was sentenced to two one-to-fifteen year terms of imprisonment. Petitioner did not appeal, and his conviction became final. One year later, Petitioner filed a petition for post-conviction relief in state court. It was dismissed as untimely, and Petitioner appealed, culminating in a denial of certiorari by the Utah Supreme Court. Following that denial, Petitioner applied to the Tenth Circuit for habeas relief. Finding that Petitioner made no "equitable tolling" argument before the district court, and despite his argument to the Tenth Circuit that he was unaware of the statutory deadline to file for post conviction relief, the Tenth Circuit affirmed the district court's dismissal.
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