[DOWNLOAD] "Isham V. Randle" by Sixth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Isham V. Randle
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 13, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Defendant appeals the judgment of the district court dismissing his habeas corpus petition as untimely under 28 U.S.C. § 2244(d)(1). Defendant argues that, pursuant to § 2244(d)(2), the time during which his Ohio R. App. P. 26(B) application was pending, as well as the time during which he could have potentially petitioned the United States Supreme Court for a writ of certiorari, should have stayed § 2244(d)(1)'s one year limitations period. In order for defendant's habeas corpus petition to be timely, defendant would have to prevail on both of these arguments. Because we conclude that the one year limitations period is not tolled during the ninety days in which defendant could have petitioned the United States Supreme Court for a writ of certiorari, we decline to consider defendant's argument concerning his Ohio R. App. P. 26(B) application and AFFIRM the district court's dismissal of defendant's petition as untimely.

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