No. 09-5327.

130 S.Ct. 2549 (2010)

560 U.S. 631

Albert HOLLAND, Petitioner, v. FLORIDA.

Supreme Court of United States.

Decided June 14, 2010.

Attorney(s) appearing for the Case

Todd G. Scher, Miami Beach, FL, appointed by this Court, for petitioner.

Solicitor General Scott D. Makar, Tallahassee, FL, for respondent.

Carolyn M. Snurkowski, Assistant Deputy Attorney General, Candance M. Sabella, Chief, Assistant Attorney General, Sandra S. Jaggard, Lisa-Marie Lerner, Assistant Attorneys General, Tallahassee, FL, Bill McCollum, Attorney General of Florida, Scott D. Makar, Solicitor General, Louis F. Hubener, Chief Deputy Solicitor General, Counsel of Record, Craig D. Feiser, Timothy D. Osterhaus, Courtney Brewer, Ronald A. Lathan, Deputy Solicitors General, Tallahassee, FL, for State of Florida.

Todd G. Scher (Counsel of Record), Law Office of Todd G. Scher, P.L., Miami. Beach, FL, for Petitioner.

Justice BREYER delivered the opinion of the Court.

We here decide that the timeliness provision in the federal habeas corpus statute is subject to equitable tolling. See Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d). We also consider its application in this case. In the Court of Appeals' view, when a petitioner seeks to excuse a late filing on the basis of his attorney's unprofessional conduct, that conduct, even if it is...

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