United States Sixth Circuit

Though the state court changed the title of prisoner's 1995 motion to a "motion for relief from judgment," its 2003 order actually decided his motion to correct his sentence. Thus, he properly filed a motion for post-conviction relief for purposes of tolling under 28 U.S.C. section 2244(d)(2).

Appellate Information

• Decided 02/13/2004
• Published 02/13/2004

Judges

• Before MARTIN and MOORE, Circuit Judges;  WEBER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Everett Walker (briefed), Macomb Correctional Facility, New Haven, MI, for Petitioner-Appellant.


• For Appellees:
  
• Debra M. Gagliardi (briefed), Asst. Attorney General, Lansing, MI, for Respondent-Appellee.