If you're trolling for a tolling ruling in the Tenth Circuit Court of Appeals, you may be out of luck. The Tenth Circuit reminded us this week that equitable tolling is rarely available.
An Oklahoma state court sentenced Harry Miller, Jr., to prison in 2007 for making a lewd or indecent proposal to a child. In 2010, he filed an application for state post-conviction relief and, when that failed, a federal habeas petition.
The problem? Miller's habeas petition was untimely filed.