Burks v. Kelley, No. 16-3718 (8th Cir. 2018)Annotate this Case
The Eighth Circuit vacated the district court's order determining that petitioner's one-year statute of limitations for his habeas petition should be equitably tolled. As a preliminary matter, the court held that the district court's decision was final and appealable. On the merits, the court held that petitioner was not entitled to equitable tolling because he did not demonstrate reasonable diligence during the limitations period. The court reasoned that, even assuming that discussion at the hearing in April 2008 might have led petitioner to believe that an appellate court would appoint counsel for him, a reasonably diligent prisoner should have done something thereafter to protect his rights.