United States Sixth Circuit

After finding that the respondent waived the statute of limitations defense, the district court improperly cured waiver by sua sponte dismissing the petitioner's 28 U.S.C. section 2244(d) habeas petition on statute of limitations grounds.

Appellate Information

• Argued 10/31/2001
• Decided 03/25/2002
• Published 03/25/2002

Judges

• Before SILER and COLE, Circuit Judges;  STAFFORD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• H. Fred Hoefle (argued and briefed), Cincinnati, OH, for Appellant., William R. Gallagher (briefed), Arenstein & Gallagher, Cincinnati, OH, David H. Bodiker, J. Joseph Bodine (briefed), Ohio Public Defender's Office, Columbus, OH, for Amici Curiae.


• For Appellees:
  
• Thelma T. Price (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Appellee.