Different forms of relief have different timing considerations.  State law must be consulted for information concerning deadlines or statutes of limitations governing the filing of state actions for post-conviction relief.  Fortunately, there is an excellent collection of basic information concerning state post-conviction relief in the 50 states.[33]  In California, for example, generally speaking there are no absolute statutes of limitation for filing any post-conviction vehicles, but the more promptly the request is made, the greater the chances of success, once the requirements for the particular vehicle have been met.

 

            The analysis of all 50 states and the District of Columbia is beyond the scope of this volume.  Since much post-conviction litigation occurs in California, however, and the time limit information concerning California post-conviction relief is readily available, a brief summary of California’s rules is presented here.

[33] Donald E. Wilkes, Jr., State Postconviction Remedies and Relief, Appendix A: A Survey of Current Postconviction Remedies and Relief in Each of the Fifty States and the District of Columbia (2001 edition, with 2003 Supplement).

Seventh Circuit

RELIEF " WAIVERS " 212(c) RELIEF
Torres-Rendon v. Holder, 656 F.3d 456 (7th Cir. Aug. 23, 2011) (lawful permanent resident who obtained that status as a result of a bigamous marriage was not eligible for a waiver of deportation under former INA 212(c) because he was not lawfully admitted to permanent residence).

Ninth Circuit

POST CON RELIEF - STATUTE OF LIMITATIONS - TOLLING - LACK OF LAW LIBRARY
If a jail or prison lacks a law library, that fact may result in equitable tolling of the statute of limitations within which post-conviction relief requests must be filed. Cf. Milton v. Morris, 767 F.2d 1443, 1446 (9th Cir. 1985) (right to law library access for self-represented defendant).

Lower Courts of Ninth Circuit

POST CON - TIME LIMIT FOR FILING STATE POST CONVICTION RELIEF - WASHINGTON STATE
Washington v. Littlefair, 112 Wash.App. 749, 51 P.3d 116 (2002) (one-year statute of limitations to bring collateral attack equitably tolled from date of plea until defendant first discovered immigration consequences).

TIME LIMIT FOR FILING STATE POST CONVICTION RELIEF - OREGON
Benitez-Chacon v. State of Oregon, 178 Or. App. 352 (2001) (petition for post conviction relief subject to two year statute of limitations running from date of final judgment).