Kelley Keller v. Christian Pfeiffer, Warden

Petitioners who seek to have AEDPA’s statute of limitations equitably tolled must show (1) they were diligent in preparing their federal habeas petition and (2) extraordinary circumstances caused an untimely filing. In analyzing a request for equitable tolling, should courts employ the “stop clock” method, as the Second, Third, and Tenth Circuits do, or should they require a showing of diligence throughout the entire tolling period—even when the extraordinary circumstance does not arise until days before the statute of limitations expires—as the Ninth, Seventh, Eighth, and Eleventh Circuits do?