Jenkins v. Greene

B.D. PARKER, JR., Circuit Judge,

dissenting:

Because I believe that Jenkins’s petition was entitled to the benefits of equitable tolling, I respectfully dissent. The majority’s approach in my view incorporates two significant errors. It incorrectly analyzes a confusing body of New York case law dealing with the procedural prerequisites to pursuing an ineffective assistance of counsel claim in state court. And more importantly, it fails meaningfully to engage in the equitable analysis required by Holland v. Florida, — U.S.-, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010).

*306Belot v. Burge sets out a…