Legal Opinion
Johnny Cowherd v. George Million, Warden
Court of Appeals for the Sixth Circuit
Decided August 19, 2004No. 02-5499PublishedCited by 410 opinions
1Opinion of the Court
OPINION
BOGGS, Chief Judge.
Petitioner Johnny Cowherd, a state prisoner in Kentucky, appeals from the denial of his petition for a writ of habeas corpus. The district court, relying on Austin v. Mitchell, 200 F.3d 391 (6th Cir.1999), found that Cowherd’s claim had been time-barred under 28 U.S.C. § 2244(d)(1), which establishes a one-year statute of limitations for filing habeas petitions. The question before this court is whether one of Cowherd’s state post-conviction proceedings tolled that statute of limitations pursuant to 28 U.S.C. § 2244(d)(2). This question depends entirely on whether…
2Cases cited15 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Miller v. CurrieCourt of Appeals for the Sixth Circuit · 1995
- Joey L. Mitchell v. Glenn ChapmanCourt of Appeals for the Sixth Circuit · 2003
- United States v. Kenneth Joseph HillCourt of Appeals for the Sixth Circuit · 1996
10 more not listed; retrieve them via the Exa API.
3Cited by410 opinions
- Cedric Carter v. Betty MitchellCourt of Appeals for the Sixth Circuit · 2016
- In Re: Edward O'Neal Bowen, Movant-PetitionerCourt of Appeals for the Sixth Circuit · 2006
- Thomas v. StoddardDistrict Court, E.D. Michigan · 2015
- United States v. TurnerCourt of Appeals for the Sixth Circuit · 2006
- Harvey v. JonesCourt of Appeals for the Sixth Circuit · 2006
405 more not listed; retrieve them via the Exa API.