Earl v. Fabian

MURPHY, Circuit Judge.

Christopher J. Earl filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1996), challenging his Minnesota conviction for aiding and abetting first degree murder. The district court dismissed the petition as untimely under the Antiter-rorism and Effective Death Penalty Act (AEDPA) one year statute of limitations but granted a certificate of appealability (COA). Earl appeals, arguing that he is entitled to equitable tolling because the state failed to give him notice that his judgment of conviction had become final and alternatively that his petition was…