LEWIS v. NORRIS

No. 05-3288.

454 F.3d 778 (2006)

Pierre P. LEWIS, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2006.


Attorney(s) appearing for the Case

Jeffrey A. Weber, argued, Little Rock, AR, for appellant.

Assistant Atty. Gen., Lauren E. Heil, argued, Little Rock, AR, for appellee.

Before BYE, HANSEN, and SMITH, Circuit Judges.


BYE, Circuit Judge.

This appeal raises the question whether the federal one-year statute of limitations for filing a habeas petition, 28 U.S.C. § 2244(d)(1), should be tolled during the eighteen-month period in which Arkansas allows a prisoner to file a "belated appeal" of the denial of state court post-conviction relief under Arkansas Criminal Appellate Rule 2(e). Thrice before we have alluded to this issue, but for various reasons have not yet directly resolved...

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