United States Eighth Circuit

In a habeas corpus action, denial of petition under the Antiterrorism and Effective Death Penalty Act is vacated and remanded for evidentiary review where the district court must determine on remand whether the state's failure to provide notice of final judgment created an impediment that prevented plaintiff from timely filing his habeas petition in violation of the Constitution or U.S.C. section 2244(d)(1)(B). On the issue of equitable tolling, the delay in providing notice of final judgment amounts to extraordinary circumstances beyond a prisoner's control which can equitably toll the AEDPA statute of limitations, but defendant failed to diligently pursue his rights and thus is not entitled.

Appellate Information

• Decided 02/23/2009
• Published 02/23/2009

Judges

• MURPHY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jarod M. Bona, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Kimberly Paker, AAG, argued, St. Paul, MN, for appellee.