Equitable Tolling Resolution (2011)

Short Name: Equitable Tolling Resolution
Year Adopted: 2011
Meeting Where Adopted: Mid-Year
Policy Number: 2011 MY 104B
Subjects: Habeas Corpus, Equitable Tolling, Effective Assistance of Counsel

Resolution Text:

RESOLVED, That the American Bar Association urges Congress to amend 28 U.S.C. §§ 2244(d)(1) and 2255(f)(1) to provide for equitable tolling of the one year statute of limitations for filing for post conviction relief when the prisoner shows good cause, including situations in which a prisoner who has an attorney has timely requested the attorney to file a § 2254 petition or § 2255 motion, the attorney has failed to do so timely, and the prisoner has exercised appropriate diligence in pursuit of his rights.

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