United States Eighth Circuit

Dismissal of a habeas petition as untimely based on the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) statute of limitations is affirmed where: 1) the period between the date the judgment became final and the filing date of a state habeas application was included in the AEDPA one-year limitation period; and 2) the state did not waive the AEDPA statute of limitations defense.

Appellate Information

• Decided 05/08/2008
• Published 05/08/2008

Judges

• GRUENDER, Circuit Judge., Before BYE, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kenneth R. Dewell, argued, Robert W. Van Norman, on the brief, Rapid City, SD, for appellant.


• For Appellees:
  
• Gary Campbell, AAG, argued, Pierre, SD, for appellee.