Stone v. Moore, No. 08-4460 (6th Cir. 2011)
Annotate this CaseFollowing a guilty plea to charges arising out of a 1999 armed robbery, the Ohio court sentenced the petitioner to an agreed-upon statutorily mandated term of imprisonment of at least 18 years for murder, with a firearm specification, and felonious assault. State courts declined to consider an appeal, filed six years after the conviction, challenging the voluntariness of the plea. The federal district court rejected a habeas corpus petition. The Sixth Circuit affirmed, holding that the delay in filing the state appeal amounted to procedural default. Although the state courts have wide discretion with respect to timeliness, failure to comply with a state procedural rule can bar federal habeas corpus review. In this case, the petitioner gave no reason for the six-year delay.
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