United States Sixth Circuit

While equitable tolling applies to the one-year limitation period for habeas petitions under 28 USC 2255, applying the doctrine is only appropriate after a court properly considers and balances the factors in Andrews v. Orr, unless there is congressional authority to the contrary.

Appellate Information

• Argued 03/07/2001
• Decided 05/07/2001
• Published 05/07/2001

Judges

• Before:  KEITH, SILER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Patrick T. McNally (argued and briefed), Hollins, Wagster & Yarbrough, Nashville, TN, for Petitioner-Appellant.


• For Appellees:
  
• Harold B. McDonough, Asst. U.S. Atty., Van S. Vincent (argued and briefed), Asst. U.S. Atty., Nashville, TN, for Respondent-Appellee.