This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioner, petitioner alleges he was not provided notice that the Florida Supreme Court denied his post‑conviction appeal, causing his AEDPA statute‑of‑limitations period to expire.
Background and question before the Court
Oral argument was held before the Supreme Court at 11:02 a.m.
Justice Sotomayor asked whether the failure to notify was more than negligence.
Chief Justice Roberts asked if a one‑day miscalculation changes the outcome.
Justice Ginsburg asked whether there is a distinction between paid counsel and court‑appointed counsel regarding state responsibility.
Justice Alito asked whether a forged date stamp on a filing eliminates equitable tolling.
Justice Alito also asked whether the case was denied because the petitioner was pro se.
According to Justice Kennedy, justice Kennedy raised the question of applying equitable tolling broadly unless the state has attorney‑discipline procedures.
According to Justice Breyer, justice Breyer questioned the Eleventh Circuit’s standard that negligence alone is insufficient without proof of bad faith, dishonesty, or mental impairment.
- [1] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 1
- [2] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 3
- [3] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 22
- [4] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 24
- [5] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 29
- [6] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 33
- [7] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 32
- [8] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, pp. 28–39
What each side argues
Petitioner
According to Todd G. Scher (Petitioner), according to Todd G. Scher (Petitioner), todd G. Scher (Petitioner) stated that the Eleventh Circuit characterized Mr. Collins's conduct as gross negligence.
According to Petitioner, petitioner stated he notified the Florida Supreme Court of his lawyer’s problem and apologized to the clerk.
Mr. Makar agrees with the Eleventh Circuit’s view that attorney negligence, even gross negligence, is insufficient, but warns that concepts like dishonesty or conflict should not be conflated with negligence.
Respondent
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Sotomayor asked whether the failure to notify was more than negligence.
Chief Justice Roberts asked about the effect of a one‑day miscalculation.
Justice Ginsburg asked about the difference between paid counsel and court‑appointed counsel.
Justice Alito asked whether a forged date stamp on a filing eliminates equitable tolling.
Justice Alito also asked whether the case was denied because the petitioner was pro se.
According to Justice Kennedy, justice Kennedy raised the question of applying equitable tolling broadly unless the state has attorney‑discipline procedures.
According to Justice Breyer, justice Breyer questioned the Eleventh Circuit’s standard that negligence alone is insufficient without proof of bad faith, dishonesty, or mental impairment.
- [1] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 3
- [2] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 22
- [3] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 24
- [4] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 29
- [5] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 33
- [6] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, p. 32
- [7] b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdf, pp. 28–39
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- b6765684f211aea2b32f-r1-d170aa8c7f1e7e94.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.