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NEWELL v. HANKS

No. 00-1558.

283 F.3d 827 (2002)

Michael A. NEWELL, Petitioner-Appellant, v. Craig HANKS, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 2002.

Attorney(s) appearing for the Case

Jessie A. Cook (argued), Terre Haute, IN, for petitioner-appellant.

Adam Dulik (argued), Office of Attorney General, Indianapolis, IN, for respondent-appellee.

Before FLAUM, Chief Judge, and BAUER and EVANS, Circuit Judges.

FLAUM, Chief Judge.

On April 24, 1997, Michael Newell filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court dismissed the petition as untimely, or alternatively for lack of merit, and Newell appeals. We vacate the judgment and remand the case for further proceedings.

I. Background

In 1990 Newell was convicted in the Superior Court of Knox County, Indiana, of dealing cocaine, Ind.Code § 35-48-4-1, and was...

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