In a murder prosecution, dismissal of petitioner's habeas petition as untimely is vacated where petitioner's mental illness could serve as a ground for equitable tolling of the one-year statute of limitations for filing habeas petitions prescribed by the Antiterrorism and Effective Death Penalty Act.
Argued: November 18, 2009
Decided: January 28, 2010
Opinion by Judge Katzmann
Ashlyn Dannelly, Assistant Attorney General, New York, NY