Bob Jay Cole v. Warden, Georgia State Prison
768 F.3d 1150
| 11th Cir. | 2014Background
- In 1991 Cole, then 16, pled guilty to malice murder and armed robbery in Georgia and received concurrent life sentences; no direct appeal was filed.
- Cole signed a written plea form that listed the Boykin rights (jury trial, confront witnesses, privilege against self-incrimination).
- He filed state habeas relief in 2008 (counseled) alleging his plea was not knowing/voluntary (Boykin violations), ineffective assistance, and that counsel/judge failed to advise him of parole exposure; the state court dismissed as untimely/laudable under state laches.
- Cole filed a federal § 2254 petition in January 2013 asserting the same claims and argued his limitations period began when he learned of Boykin rights in prison in September 2007 and that equitable tolling applied.
- The district court found AEDPA’s one-year limit ran from conviction (conviction final pre‑AEDPA; deadline April 24, 1997), held § 2244(d)(1)(D) did not delay accrual to 2007 because Cole had inquiry notice at his plea, and denied equitable tolling; the court granted COA on timeliness and tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2244(d)(1)(D) delayed accrual until Cole discovered Boykin rights in 2007 | Cole: factual predicate discovered in Sept 2007 when overheard inmate librarian; limitations therefore runs from that date | Respondent: Cole knew or should have known Boykin rights at plea (signed plea form); inquiry notice makes 2007 discovery irrelevant | Held: No. Accrual did not wait until 2007; inquiry notice at plea (and signed plea form) meant § 2244(d)(1)(D) did not delay start; petition untimely |
| Whether equitable tolling applies | Cole: minor at plea and incarceration prevented earlier discovery and pursuit; extraordinary circumstances warrant tolling | Respondent: Cole had counsel, access to law library, became adult within a year, and showed no reasonable diligence — no extraordinary barrier | Held: No. Equitable tolling denied — Cole failed to show diligence or extraordinary circumstance |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (establishes constitutional rights a defendant waives by pleading guilty)
- Gonzalez v. Thaler, 132 S. Ct. 641 (statutory framework for AEDPA accrual rules)
- McQuiggin v. Perkins, 133 S. Ct. 1924 (discussion of § 2244(d)(1)(D) and factual predicate/due diligence interplay)
- Holland v. Florida, 560 U.S. 631 (standard for equitable tolling — diligence plus extraordinary circumstances)
- Owens v. Boyd, 235 F.3d 356 (limitations run from discovery of vital facts, not recognition of legal significance)
- Villanueva v. Anglin, 719 F.3d 769 (inquiry‑notice analysis for plea warnings; diligence could have uncovered sentencing terms at plea)