United States Eighth Circuit

Dismissal of petitioner's application for habeas corpus relief is affirmed where the district court: 1) correctly reasoned that petitioner's Iowa application for post-conviction relief was untimely filed as the original application failed to meet the state's filing requirements; and 2) correctly determined that petitioner was not entitled to equitable tolling, as the steps of properly verifying his application were entirely within his control.

Appellate Information

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

Judges

• RILEY, Circuit Judge., Before RILEY, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey M. Lipman, argued, Des Moines, IA, for Appellant.


• For Appellees:
  
• Mary E. Tabor, AAG, argued, Des Moines, IA, for Appellee.