Hall v. Warden, Lebanon Corr. Inst., No. 09-3372 (6th Cir. 2011)
Annotate this CaseDefendant, convicted of several felony offenses in state court and sentenced to a maximum term of 27 years, exhausted state court appeals and filed a petition for habeas corpus in federal district court five days after the one-year statute of limitations (28 U.S.C. 2254) had run. The district court dismissed. The Sixth Circuit affirmed, rejecting a claim of equitable tolling. Although defendant proceeded pro se after his appellate attorney withdrew and did not turn over documents related to the case, and was limited to one law library visit per week, he was not diligent. His lack of access to the trial transcript and lack of notice of the nearly two-month gap between when he submitted his motion for a delayed appeal to the prison mailroom and when that motion was ultimately filed with the Ohio Supreme Court were "unfortunate" but did not excuse the delays.
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