United States Sixth Circuit

In a vehicular homicide case, dismissal of a habeas petition on the ground that the petition was not timely filed is vacated where a portion of the petition relating to state appellate courts' decisions was timely, and the district court failed to determine conclusively whether petitioner was diligent during the time when he claimed to have been unaware of his appeal rights.

Appellate Information

• Decided 06/16/2006
• Published 06/16/2006

Judges

• Before:  MOORE and COLE, Circuit Judges;  WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Carlos Warner, Office of the Federal Public Defender, Cleveland, Ohio, John T. Martin, Cuyahoga County Public Defender, Cleveland, Ohio, for Appellant.  Stuart A. Cole, Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellee.