United States Sixth Circuit

Denial of plaintiff's habeas petition, on the ground that it was barred by the statute of limitations, is reversed where plaintiff has demonstrated a credible claim of actual innocence and is entitled to equitable tolling.

Appellate Information

• Decided 01/18/2005
• Published 01/18/2005

Judges

• Before:  MOORE and CLAY, Circuit Judges, HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John A. Smietanka, Grandville, Michigan, for Appellant.   Brad H. Beaver, Office of the Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  John A. Smietanka, Grandville, Michigan, for Appellant.  Brad H. Beaver, office of the Attorney General, Lansing, Michigan, for Appellee.