Aubrey Armstrong v. State of Maine

Summary

The court vacated the certificate of probable cause and dismissed Armstrong's appeal as improvidently granted because he waived his argument that equitable tolling should excuse his untimely post-conviction petition. Armstrong's petition form required him to explain the late filing, but he left the relevant section blank and did not alert the post-conviction court to the facts supporting equitable tolling. The court declined to decide whether equitable tolling is available in post-conviction proceedings.