Drew v. Department of Corrections

While I agree with the majority’s discussion of statutory tolling, I do not join the opinion because I believe its discussion of equitable tolling is flawed and imposes an unjust result. The majority’s reasons for finding that Drew is not entitled to equitable tolling have no legal basis and offend basic notions of fair process. I believe the majority’s view of the applicable law is erroneous and accordingly yields a distorted and impoverished conception of this Court’s traditional equitable power.

The majority’s most fundamental error can be stated simply: It denies equitable tolling on the…