United States Sixth Circuit

Dismissal of defendant's habeas corpus petition on grounds of untimeliness is reversed because the petition was filed within one year of the denial of defendant's parole, regardless of whether his parole denial is construed to be a final administrative denial or a final state judicial affirmance of parole denial.

Appellate Information

• Decided 12/13/2005
• Published 12/13/2005

Judges

• Before:  COLE, ROGERS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary Beth Young, Jones Day, Columbus, Ohio, for Appellant.  Elizabeth T. Ryan, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  Mary Beth Young, Junxia T. Jernejcic, Jones Day, Columbus, Ohio, for Appellant.  Angele M. Gregory, Office of the Attorney General, Nashville, Tennessee, for Appellee.