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Fisher v. Raemisch 762 F.3d 1030 (10th Cir. 2014) 

Jul 29, 2014

The Tenth Circuit held that the one-year statute of limitations for habeas petitions was tolled during the pendency of the petitioner’s state court application for post-conviction relief, even though it took the state court over eight years to resolve the petition. The fact that the petition could have been, but was not, dismissed on the ground of abandonment did not mean that the matter was not still pending for tolling purposes.