SCOTUS: Substitution of Counsel for Missing Federal Habeas Filing Deadline

After counsel for a death row inmate missed the filing deadline for his federal habeas corpus petition, the prisoner requested substitution of counsel based on conflict of interest as his existing counsel could not reasonably be expected to argue that the prisoner was entitled to equitable tolling of the statute of limitations.  The Supreme Court held that these sort of conflicts permit substitution of counsel but the prisoner must still prove, through new counsel, that he is entitled to equitable tolling.

 
Christeson v. Roper, 14-6873 (Jan. 20, 2015)
 
Per curiam, with dissent from Alito and Thomas
For more cases regarding AEDPA and federal habeas corpus, visit http://www.AEDPAblog.com
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