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Criminal Procedure Keyed to Ohlin
Holland v. Florida
Citation:560 U.S. 631 (2010)
AEDPA states that a 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. On January 19, 2006, Albert Holland filed a pro se habeas corpus petition in the Federal District Court. Both Holland (petitioner) and the State of Florida (respondent) agree that, unless equitably tolled, the statutory limitations period applicable to Holland’s petition expired approximately five weeks before the petition was filed. In 1997, Holland was convicted of first-degree murder and sentenced to death. The state trial court denied Holland relief, and Collins, Holland’s attorney appointed by Florida, appealed that denial to the Florida Supreme Court. During the 2-year period, relations between Collins and Holland began to break down. Collins communicated with Holland only three times. Holland, unhappy with this lack of communication, twice wrote to the Florida Supreme Court, asking it to remove Collins from his case.
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