United States Sixth Circuit

Denial of defendant's petition for writ of habeas corpus is reversed where Austin v. Mitchell, 200 F.3d (6th Cir. 1999), which held that post-conviction proceedings toll the statute of limitations only if they include a federal claim, was wrongly decided.

Appellate Information

• Decided 08/19/2004
• Published 08/19/2004

Judges

• Before: BOGGS, Chief Judge;  and MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Christopher J. pagan (argued and briefed), Repper, Powers & Pagan, Middleton, OH, for Petitioner-Appellant.


• For Appellees:
  
• David A. Smith (argued and briefed), Asst. Attorney General, Office of the Attorney General, Frankfort, KY, for Respondent-Appellee.