Moreland v. Eplett, No. 20-1600 (7th Cir. 2021)Annotate this Case
Moreland, convicted of first-degree reckless homicide by delivery of a controlled substance, unsuccessfully appealed. On August 11, 2013, his direct review ended when the opportunity to file a certiorari petition in the U.S. Supreme Court expired. Under the Antiterrorism and Effective Death Penalty Act, he had one year from that date to file a federal habeas corpus petition, 28 U.S.C. 2244(d)(1). Moreland sought collateral postconviction relief in state court on July 30, 2014. On March 7, 2016, the Wisconsin Supreme Court denied Moreland’s petition for review. All 586 days of the state postconviction process were tolled.
Moreland filed a federal habeas petition on March 28, 2016, nine days after the one-year statute of limitations elapsed; 374 untolled days had elapsed since the end of Moreland’s direct review. Moreland’s petition raised claims related to due process, ineffective assistance of counsel, the right to confrontation, and the right to a fair and impartial jury. Moreland alleged that the time for filing his petition should be equitably tolled because he suffered from schizophrenia, and on several occasions, was unable to research his case due to lack of access to the prison library.
The Seventh Circuit affirmed the dismissal of the petition. Moreland has not demonstrated extraordinary circumstances or reasonable diligence to warrant equitable tolling. The court rejected claims that the district court should have tolled the time connected with motions for postconviction discovery and for reconsideration.