‘Habeas Corpus’: Bolarinwa v. Perez

‘Habeas Corpus’

Tolling — Mental Illness

Bolarinwa v. Perez
08-0832-pr
Appealed from the Northern District of New York

Background: The case arises out of the petitioner’s conviction for murdering her son. At trial, an insanity defense was offered but it was rejected and she was convicted. The petitioner, in 2008, filed a motion requesting a certificate of appealability from a district court decision on her habeas claim, arguing she was entitled to equitable tolling of the limitations period because she “was mentally incapable of functioning to do (sic) diligence in regard to legal remedy in a timely fashion.” In a supporting document she asserted that “her psychiatric problems made it impossible for her to timely file habeas corpus petition,” that she was “depressed, anxious, and grieving” and that her “mental condition, aggravated by the tragic death of her three children, father and grandfather, burdened her efforts to file her habeas petition.” She also alleged that medication and “placement in psychiatric units within the state prison system” left her incapacitated.

Ruling: Mental illness can serve as a ground for equitable tolling of the one-year statute of limitations for filing habeas petitions prescribed by the Antiterrorism and Effective Death Penalty Act. The court vacates the judgment of the district court and remands to allow the petitioner to present that court with evidence in support of her claim for equitable tolling.

Theodore S. Green of Green & Willstatter for the appellant, and Ashlyn Dannelly, assistant New York State Attorney General, for the appellee