Rogers v. Ferriter, No. 13-35790 [August 5, 2015]
The court held that a Montana prisoner’s application for review of his sentence was “pending” [for tolling of the statute of limitations pursuant to 28 U.S.C. § 2244(d)(2)] during the time the Montana Supreme Court held it in abeyance so he could seek other state collateral review. Montana’s dual track system allows for post-conviction relief or modification of sentences from the Sentencing Review Division ((“SRD”), a three judge panel appointed by the Montana Supreme Court). The Court interprets Carey v. Saffold to hold that a application for state collateral relief is pending as long as it is “in continuance,” which commands the Court’s decision here, therefore as long as his state court SRD review was held in abeyance his case was "pending."