Mandeville v. GaffneyAnnotate this Case
The Court of Appeals answered a question certified to it by the Federal District Court for the District of Massachusetts by holding that the thirty-day time limitation established in Mains v. Commonwealth, 433 Mass. 30 (2000), for filing a gatekeeper petition under Mass. Gen. Laws ch. 278, 33E does not apply to denials that occurred before December 13, 2000.
Petitioner was convicted of murder in the first degree and armed assault with intent to murder. Petitioner later filed a federal habeas petition. Respondent filed a motion to dismiss, arguing that the petition was untimely under the deadline set forth in the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. 2244(d)(1). At issue was whether the time limitation established in Mains for filing a gatekeeper petition applies to denials that occurred prior to December 13, 2000. The Court of Appeals held that pre-Mains denials continue not to be subject to any time limitation, as under pre-Mains practice.