Neverson v. Farquharson

LYNCH, Circuit Judge.

Petitioner Trevor Neverson, a native and citizen of Trinidad, was convicted of involuntary manslaughter by a Massachusetts jury in 1990. After a delay of several years, Neverson sought federal habeas corpus relief. The district court held that Neverson’s habeas petition was timely under the doctrine of equitable tolling but denied the petition on the merits.

We affirm on a different ground. This case presents a question that this court has several times noted but declined to resolve: whether 28 U.S.C. § 2244(d)(1), which imposes a one-year limitations period on habeas…