Rudin v. Myles

Petitioner, convicted of murdering her husband and unauthorized surreptitious intrusion of privacy by listening device, appealed the district court's dismissal of her 28 U.S.C. 2254 habeas corpus petition based on untimeliness. The Nevada Supreme Court concluded that the petition was untimely under state law. In light of Pace v. DiGuglielmo, and because the Nevada Supreme Court is the final arbiter of Nevada state law, petitioner is not entitled to statutory tolling under section 2244(d)(2) for the duration of her state post-conviction proceedings. The court concluded, however, that extraordinary circumstances in part gave rise to petitioner's delay in filing her application for federal habeas relief until August 27, 2007, when the extraordinary circumstances making it impossible for her to file on time were removed. After that date, the one-year limitations period resumed, giving petitioner until April 10, 2008, at the latest to file her application for federal habeas relief in the district court. Petitioner waited until April 25, 2011. Therefore, petitioner's application was too late. Accordingly, the court affirmed the district court's dismissal with prejudice of petitioner's application and denied the State's motion to expand the record on appeal. View "Rudin v. Myles" on Justia Law