Robertson v. Commonwealth

Opinion by

I concur in that this court has at least adopted “an equitable tolling” rule, which may provide relief to prisoners when they have done “all that could reasonably be expected to get the [motion] to its destination within the required [time limit].”

I dissent because the majority has timidly strolled off into the night in the joyful company of a dissenting position in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) — the majority in which, adopted what is now called the “prison mailbox rule,” a more practical rule that simply relies on the “prison mail logs” to…