Darrell Dolphyv.Warden, Central State Prison
Darrell Dolphy, a Georgia prisoner, appealed dismissal of his federal habeas petition as untimely. The district court calculated the one-year limitations period without tolling the time after the Georgia Supreme Court denied Dolphy’s application for a certificate of probable cause but before that court issued its remittitur. The Eleventh Circuit held that state habeas proceedings remain pending for purposes of the federal tolling statute until the remittitur issues. A state appellate decision is not final for this purpose while the court retains authority to alter, amend, or set aside its judgment. Applying that rule, the court concluded that Dolphy’s federal petition was timely. It reversed the dismissal and remanded for the district court to address the remaining habeas issues. The court did not resolve exhaustion, procedural default, or the merits of Dolphy’s claims.
Loading published copy…

