United States Sixth Circuit

Due to petitioner's lack of notice, his diligence in pursuing his claims, and Ohio's failure to argue prejudice, the 28 U.S.C. section 2244 one-year statute is tolled from the date of an Ohio decision regarding a Rule 26(B) application, and the date petitioner received notice of the decision.

Appellate Information

• Decided 09/26/2002
• Published 09/26/2002

Judges

• Before:  MARTIN, Chief Circuit Judge;  KEITH and KENNEDY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Ralph Miller (briefed), London, OH, pro se.


• For Appellees:
  
• Stephanie L. Watson (briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Respondent-Appellee.