United States Tenth Circuit

Equitable tolling should have been applied to a pro se 28 U.S.C. section 2241 habeas petition, where the petitioner did not sleep on his federal rights, but believed his state petition was sufficient to begin the state's process of reviewing his claim, thus tolling the federal statute.

Appellate Information

• Decided 01/15/2003
• Published 01/15/2003

Judges

• McKAY, Circuit Judge., Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:  Gloyd L. McCoy of Coyle, McCoy & Burton, Oklahoma City, OK, for Petitioner-Appellant.


• For Appellees:
  
• W.A. Drew Edmondson, Attorney General of Oklahoma, William R. Holmes, Assistant Attorney General, Oklahoma City, OK, for Respondent-Appellee.