United States Eighth Circuit

In a child molestation prosecution, dismissal of petitioner's habeas petition as untimely is reversed where the Eighth Circuit's intervening decision in Riddle v. Kemna, 523 F.3d 850 (8th Cir. 2008), overruling a previous decision regarding the calculation of the statute of limitations for habeas petitions from Missouri, satisfied the "extraordinary circumstance" requirement for equitable tolling.

Appellate Information

• Decided 12/16/2009
• Published 12/16/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric C. Bohnet, Indianapolis, IN, argued, for appellant.


• For Appellees:
  
• Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, argued (Chris Koster, Atty. Gen., on the brief), for appellee.