Mitchell v. Green (P)

In this appeal of a dismissed 28 U.S.C. § 2254 petition, under Wall v. Kholi, 562 U.S. 545 (2011), the one-year limitations period prescribed by the Antiterrorism and Effective Death Penalty Act was tolled by the petitioner’s state court motion to reduce sentence under Rule 4-345 of the Maryland Rules.

A Maryland Rule 4-345 motion to reduce sentence tolls AEDPA’s limitations period. Simply put, such a motion involves judicial reexamination of a judgment in a proceeding outside of the direct review process. There are no differences between Rhode Island Rule 35 and Maryland Rule 4-345 that would cause us to distinguish the sentence reduction motion in Kholi from the petitioner’s motion for a sentence reduction motion here. Kholi compels the conclusionthat a Maryland Rule 4-345 motion to reduce sentence triggers AEDPA’s tolling provision. Because the district court ruled otherwise, its judgment of dismissal must be vacated.

Vacated and remanded.

Mitchell v. Green (P), No. 17-7450, Apr. 17, 2019. 4th Cir. (King) from DMD at Greenbelt (Chasanow).



Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published

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