Cohee v. Yates

Summary

The Tenth Circuit denied a certificate of appealability (COA) and dismissed an appeal from the denial of a 28 U.S.C. § 2254 habeas petition as untimely. The court held that the AEDPA one-year limitations period began when the state conviction became final ten days after the guilty plea, and the petition filed over two years later was untimely absent equitable tolling. The petitioner's claim of ineffective assistance of counsel for failing to communicate during the appeal period did not warrant equitable tolling because he failed to show diligent pursuit of his rights or that extraordinary circumstances beyond his control caused the delay. The court also rejected pro se arguments regarding trial court abuse of discretion and state appellate errors, as the petition was time-barred.

Holdings

1. Cohee failed to make a substantial showing of the denial of a constitutional right, and his petition is untimely under AEDPA; equitable tolling is not warranted.

Questions Presented

1. Whether Cohee made a substantial showing of the denial of a constitutional right to warrant a COA.
2. Whether Cohee's § 2254 petition was untimely under AEDPA's one-year limitations period.
3. Whether Cohee was entitled to equitable tolling based on ineffective assistance of counsel, trial court abuse of discretion, or OCCA errors.

Disposition

dismissed