United States Sixth Circuit

Prisoner's habeas petition was properly dismissed as untimely. She is not entitled to equitable tolling of AEDPA's statute of limitations; because the affidavits fail to establish that she is actually innocent, she cannot circumvent the statute of limitations on that basis.

Appellate Information

• Decided 04/20/2004
• Published 04/20/2004

Judges

• Before:  KRUPANSKY and GILMAN, Circuit Judges;  RUSSELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Craig A. Daly (briefed), Detroit, MI, for Petitioner-Appellant.


• For Appellees:
  
• Debra M. Gagliardi (briefed), Asst. Atty. Gen., Office of the Attorney General, Corrections Division, Lansing, MI, for Respondent-Appellee.