Bruce R. Nelson v. Sheryl Ramstad Hvass

BOWMAN, Circuit Judge.

Bruce R. Nelson appeals from the District Court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely under the one-year limitations period of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), see 28 U.S.C. § 2244(d)(1) (Supp. IV 1998). We reverse and remand.

On June 14, 1996, Nelson was convicted of conspiracy to commit a third-degree controlled substance violation under Minnesota state law, see Minn.Stat. § 152.096 subd. 1, and was sentenced to 140 months in prison. He filed a timely notice of appeal to the Minnesota Court of Appeals on…