United States Eighth Circuit

Judgment denying habeas relief as time barred under 28 U.S.C. section 2244(d) is affirmed in part and reversed in part where: 1) the district court did not err in determining that the habeas corpus petition was untimely as it properly began the limitations period under section 2244(d) the day after the direct-appeal mandate issued, tolled it while the state post-conviction proceedings were pending, and did not allow the 90-day period for filing for certiorari; but 2) petitioner may receive the benefit of equitable tolling if he pursued his rights diligently and establishes that he was lulled into inaction through reliance on a court's conduct.

Appellate Information

• Decided 04/08/2008
• Published 04/08/2008

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, and WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, En Banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric C. Bohnet, Indianapolis, IN, argued, for appellant., K. Lee Marshall, Kristi K. Wilhelmy, Kelly J. Hardy, Bryan Cave LLP, St. Louis, MO, for amicus curiae Missouri State Public Defender System, in support of appellant.


• For Appellees:
  
• Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee.