United States Eighth Circuit

Denial of petition for writ of habeus corpus is reversed where: 1) plaintiff's motion to reopen his post-conviction relief proceedings was a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment, and it tolled AEDPA's statute of limitations while pending; and 2) calculating the time the statute was tolled yields a result that plaintiff's habeas petition was untimely. The matter is remanded for further proceedings on whether the statute should be equitably tolled.

Appellate Information

• Decided 02/26/2009
• Published 02/26/2009

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth Unger Carlyle, Columbus, MS, argued, for appellant.


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