United States Sixth Circuit

A habeas petition is remanded where petitioner's failure to meet her equitable tolling burden may be a direct consequence of retroactive application of Palmer v. Carlton, 276 F.3d 777, and the state's failure to provide materials required under the rules governing 28 U.S.C. section 2254 cases.

Appellate Information

• Decided 10/18/2002
• Published 10/18/2002

Judges

• Before MARTIN, Chief Circuit Judge, MOORE, Circuit Judge, and WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Stephen P. Hardwick (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Appellant.


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