Kurt Smith v. Joseph Meko

ALICE M. BATCHELDER, Circuit Judge.

Kurt Smith was serving a life sentence in state prison for a crime committed in Kentucky. While serving his sentence, he pled guilty to two additional felonies he committed by throwing a rock at a prison guard during a prison riot. He asserts that before he pled guilty, his counsel told him that the additional felonies would not affect his parole eligibility date. But Kentucky law is directly to the contrary. On this basis, he petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court dismissed the claim as time-barred under the…