Polson v. Bowersox

MELLOY, Circuit Judge.

Troy Poison appeals the district court’s dismissal of his habeas corpus petition as untimely. We hold that the statute of limitations was tolled during the pendency of Poison’s petition for relief pursuant to Missouri Supreme Court Rule 91 and that Poison’s federal habeas petition was therefore timely.

I

In August 2003, Poison was sentenced in Clay County, Missouri for convictions of first-degree assault, armed criminal action, possession of a controlled substance with intent to distribute, possession of a chemical with intent to create a controlled substance, and…