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RIDDLE v. KEMNA

No. 06-2542.

523 F.3d 850 (2008)

Donald RIDDLE, Appellant, v. Mike KEMNA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 8, 2008.

Attorney(s) appearing for the Case

Eric C. Bohnet, Indianapolis, IN, argued, for appellant.

K. Lee Marshall, Kristi K. Wilhelmy, Kelly J. Hardy, St. Louis, MO, on the brief, for amicus curiae Missouri State Public Defender System, in support of appellant.

Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, MO, argued. Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief, for appellee.

Before LOKEN, Chief Judge, and WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, En Banc.

BENTON, Circuit Judge.

Donald D. Riddle filed a petition for habeas relief under 28 U.S.C. § 2254. The district court dismissed his petition as untimely by the one-year statute of limitations in 28 U.S.C. § 2244(d), enacted in the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1217 ("AEDPA"). A panel of this court, by order, vacated the judgment of the district court and remanded. This court granted the State's motion...

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