Whalen v. Randle

OPINION

COLE, Circuit Judge.

This action stems from a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 that was filed outside of the one-year statute of limitations established under § 2244(d)(1). Petitioner-Appellant, David M. Whalen, argues that he should not be barred by the one-year statute of limitations because of tolling during his state and federal appeals, tolling after his discovery of new evidence, equitable tolling because of inaccurate advice given by the Ohio State Public Defender’s office, and an actual innocence claim. Whalen now appeals from the district…