Timothy Ross v. David Varano
2013 U.S. App. LEXIS 6896
| 3rd Cir. | 2013Background
- Ross was convicted of first-degree murder in 2000 and sentenced to life.
- He could not obtain state appellate review due to his attorney's abandonment and multiple failures to pursue direct appeal.
- District Court tolling of AEDPA’s one-year statute relied on Ross’s diligence and extraordinary circumstances caused by counsel’s neglect.
- Ross’s pursuing of state remedies spanned 2001–2010, including later PCRA actions reinstating appellate rights nunc pro tunc.
- District Court ultimately granted habeas relief and ordered reinstatement of Ross’s direct appeal, with remand for corrective state proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in factual findings on Ross’s diligence (2004–2008) | Ross | Commonwealth | No clear error; findings supported by record |
| Whether extraordinary circumstances warranted equitable tolling | Ross’s abandonment by Sheffield and related factors were extraordinary | Ross failed to show diligence and nexus | Yes; extraordinary circumstances and diligence justify tolling and relief |
| Whether equitable tolling should render petition timely and grant relief | Equitable tolling approved due to circumstances | Tolling improper without timely petition | Affirmed; tolling and relief granted with state-court reinstatement guidance |
| Appropriate remedy given tolling and state-court history | Remand instruction to reinstate Ross’s appeal | Remand guidance insufficient | Remand with order to reinstate Ross’s appeal or release after 90 days |
Key Cases Cited
- Holland v. Florida, 560 U.S. 631 (Supreme Court 2010) (equitable tolling available for extraordinary attorney neglect)
- Pace v. DiGuglielmo, 544 U.S. 408 (Supreme Court 2005) (two-element test: diligent pursuit and extraordinary circumstance)
- Schlueter v. Varner, 384 F.3d 69 (3d Cir. 2004) (extreme attorney neglect can warrant tolling)