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On June 14, 2010, the Supreme Court announced its decision in Holland v. Florida.  In this case, the court was asked whether the Antiterrorism and Effective Death Penalty Act (AEDPA) statute of limitations was subject to the equitable tolling principle; and whether the "gross negligence" of counsel was grounds for allowing a defendant to rely on the equitable tolling principle to excuse his late habeas petition.

In a 7-2 opinion delivered by Justice Breyer, the Court held that the AEDPA statute of limitation was subject to equitable tolling; and that counsel's failure to file a timely habeas petition might constitute extraordinary circumstances warranting tolling in this case. Justice Scalia dissented from both holdings, joined by Justice Thomas as to the second holding.
To discuss the case, we have Ronald Eisenberg, who is the Deputy District Attorney for the Law Division of the Philadelphia District Attorney's Office.


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