United States Eighth Circuit

In a drug possession prosecution, dismissal of petitioner's habeas petition as untimely is affirmed where the Arkansas Court of Appeals was not a "state court of last resort," and therefore the statute of limitations began running immediately after the Arkansas Court of Appeals denied petitioner's motion for a rehearing.

Appellate Information

• Decided 11/16/2009
• Published 11/16/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Dudley Day, argued, Meriden, CT, for appellant.


• For Appellees:
  
• Christian Harris, AAG, argued, Little Rock, AR, Lauren E. Heil, AAG, on the brief, for appellee.