United States Sixth Circuit

Where defendant was afforded a reasonable time to file a petition for a writ of habeas corpus, application of one-year filing deadline did not violate due process; the common law mailbox rule is inapplicable to the mailing of habeas petitions to third parties, and equitable tolling was not appropriate where petitioner waited nearly twelve years to file habeas petition.

Appellate Information

• Decided 07/01/2002
• Published 07/01/2002

Judges

• Before KEITH and DAUGHTREY, Circuit Judges;  MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Andrew N. Wise (briefed), James R. Gerometta, Federal Public Defenders Office, Detroit, MI, for Appellant.


• For Appellees:
  
• Laura Graves Moody (briefed), Office of Atty. General Habeas Corpus Div., Lansing, MI, Raina I. Korbais (argued), Dept. of Atty. Genral, Lansing, MI, for Appellee.