Yesterday the Supreme Court granted cert in Holland v. Florida, which presents the following question:
Whether the Eleventh Circuit erred in denying equitable tolling to the defendant to excuse his late filing of his habeas petition, based on the conclusion that the late filing was due to “gross negligence” of counsel, while factors beyond “gross negligence” are required for equitable tolling; whether equitable tolling is available to toll the statute of limitation under the AEDPA.
Here's the 11th Circuit opinion. And here's Todd Scher's cert petition. Congrats to Scher for this amazing opportunity. He was appointed CJA and continued to fight for his client, filing a cert petition after the losing before Judge Seitz and the 11th. Getting cert on a habeas case from the indigent docket is almost impossible, so well done!