Scott v. Scott
2:11-cv-00098
N.D. Miss.Nov 4, 2011Background
- Alfred Scott petitioned for a writ of habeas corpus under 28 U.S.C. § 2254 in the Northern District of Mississippi.
- Scott was convicted of murder in Bolivar County Circuit Court and sentenced to life imprisonment.
- Mississippi Court of Appeals affirmed the conviction on September 25, 2007; no motion for rehearing or discretionary review pursued.
- Scott filed a post-conviction relief petition in the Mississippi Supreme Court on September 8, 2010; the Supreme Court denied on November 2, 2010.
- Under AEDPA, Scott’s one-year federal filing deadline expired on October 9, 2008, absent tolling.
- The district court dismissed Scott’s petition as untimely, concluding no equitable tolling was shown and the state-filed petition did not toll the period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is timely under AEDPA. | Scott argues tolling applies via state petition. | Respondents contend no tolling because state petition filed after deadline. | Petition untimely; AEDPA tolling not available. |
| Whether finality date started the AEDPA clock correctly. | Clock started later due to review options. | Finality date fixed after direct-review window elapsed. | Finality on October 9, 2007; one-year clock expired October 9, 2008. |
| Whether the Mississippi post-conviction petition tolled the AEDPA period. | State petition tolled the clock under 28 U.S.C. § 2244(d)(2). | State petition not timely and thus cannot toll. | No tolling because petition not filed within permitted time. |
| Whether equitable tolling applies to excuse the delay. | Scott alleges extraordinary circumstances warrant tolling. | No evidence of rare or exceptional circumstances to justify tolling. | Equitable tolling not warranted; petition dismissed with prejudice. |
Key Cases Cited
- Starns v. Andrews, 524 F.3d 612 (5th Cir. 2008) (tolling limitations when state post-conviction relief filed timely)
- Spotville v. Cain, 149 F.3d 374 (5th Cir. 1998) (mailbox rule governs timeliness of filing pro se petitions)
- Roberts v. Cockrell, 319 F.3d 690 (5th Cir. 2003) (early-termination of review process affects tolling)
- Duplantis v. Booker, 2001 WL 1013067 (5th Cir. 2001) (state remedies and tolling considerations)
- Ott v. Johnson, 192 F.3d 510 (5th Cir. 1999) (need for rare and exceptional circumstances for equitable tolling)