United States Eighth Circuit

Dismissal of a petition for habeas relief as untimely is vacated and remanded where: 1) petitioner's properly filed motion to recall the Missouri Court of Appeals' mandate tolled the AEDPA statute of limitations; and 2) although it appeared that petitioner did not meet the requirements for his habeas petition to be considered timely, he may be eligible for equitable tolling.

Appellate Information

• Decided 05/19/2008
• Published 05/19/2008

Judges

• GRUENDER, Circuit Judge., Before RILEY, GRUENDER and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Susan M. Hunt, Kansas City, MO, argued, for appellant.


• For Appellees:
  
• Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee.