Legal Opinion

Applegarth v. Warden North Central Correctional Institution

Court of Appeals for the Sixth Circuit

Decided May 12, 2010No. 08-4375UnpublishedCited by 4 opinions

1Opinion of the Court

KETHLEDGE, Circuit Judge.

Mark A. Applegarth appeals the district court’s dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Applegarth challenges the district court’s conclusion that the petition was untimely. We reject his arguments, and affirm.

I

On September 23, 2005, an Ohio trial court sentenced Applegarth to four years’ imprisonment after he pled guilty to one count of gross sexual imposition. Apple-garth did not timely appeal his sentence. On December 7, 2005, however, he filed a pro se motion seeking leave to file a delayed appeal. The Ohio Court of Appeals…

2Cases cited10 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Carey v. SaffoldSupreme Court of the United States · 2002
  3. Larry Pat Souter v. Kurt Jones, WardenCourt of Appeals for the Sixth Circuit · 2005
  4. Mark Vroman v. Anthony Brigano, WardenCourt of Appeals for the Sixth Circuit · 2003
  5. Alfred L. Dicenzi v. Norman Rose, WardenCourt of Appeals for the Sixth Circuit · 2006

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3Cited by4 opinions

  1. Board v. BradshawCourt of Appeals for the Sixth Circuit · 2015
  2. Brown v. Warden Noble Correctional InstitutionDistrict Court, S.D. Ohio · 2020
  3. Hill v. Warden, Pickaway Correctional InstitutionDistrict Court, S.D. Ohio · 2024
  4. Robinson v. HendersonDistrict Court, N.D. Ohio · 2024

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