James Earvin Sanders v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Whether a petitioner must demonstrate 'extraordinary circumstances' or 'rare and exceptional circumstances' if he falls under a statutory tolling provision under 28 U.S.C. §2244(d)(1)(A)-(D), and whether there is a limit to how long a petitioner can be protected under provision (B) of the statute
QUESTION(S) PRESENTED If a petitioner can demonstrate that he falls under a built-in tolling provision a described in 28 U.S.C. §2244(d)(1)(A)-(D), does he also need to demonstrate the "extraordinary circumstances" of Holland v. Florida, or the "rare and exceptional circumstances" of Davis v. Johnson? Is there a limit to how long a petitioner can be protected under provision (B) of the above statute?