Willis v. Jones

ROGERS, Circuit Judge.

This case presents a relatively straightforward substantive question of law lurking behind complex questions of procedure: Did Michael Willis file a timely habeas petition under AEDPA? Several years after his conviction, Willis requested records concerning his case. In response, Michigan disclosed a record containing Brady material that it had not disclosed at trial. When Willis filed a habeas petition, Michigan argued that the petition was untimely. Its willingness to turn over the record when asked, Michigan continues to argue, showed that Willis could have discovered…