Day v. McDonough, ___ U.S. ___ (Apr. 25, 2006) (affirming dismissal of a habeas petition as untimely under AEDPA one-year statute of limitations, since district court had discretion to correct the states erroneous computation sua sponte when there was no intelligent waiver on the states part and only an evident miscalculation of time).
http://laws.lp.findlaw.com/us/000/041324.html      Perhaps this principle can be applied to excuse violations of the AEDPA statute of limitations on the part of the petitioner, since due process requires procedural rules be applied evenhandedly to the prosecution and defense. See Wardius v. Oregon, 412 U.S. 470, 474 (1973) (procedural rules must cut both ways, since due process "speak[s] to the balance of forces between the accused and his accuser.").