United States Sixth Circuit

Defendant may properly assert his petition for habeas relief, over defendants challenge that it is barred by the statute of limitations, where the district court's issuance of a modified scheduling order to accommodate the government's delay in providing defendant with evidence equitably tolled the statute of limitations.

Appellate Information

• Decided 08/03/2004
• Published 08/03/2004

Judges

• Before BOGGS, Chief Judge;  and MERRITT and SILER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kelley J. Henry (briefed), Paul R. Bottei (briefed), Federal Public Defender's Office, Nashville, TN, for Appellant.


• For Appellees:
  
• Alice B. Lustre (briefed), Michael E. Moore (briefed), Office of the Attorney General, Nashville, TN, for Appellee.