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EARL v. FABIAN

No. 07-3544.

556 F.3d 717 (2009)

Christopher J. EARL, Petitioner-Appellant, v. Joan FABIAN, Commissioner, Minnesota Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2009.

Attorney(s) appearing for the Case

Jarod M. Bona, argued, Minneapolis, MN, for appellant.

Kimberly Paker, AAG, argued, St. Paul, MN, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Christopher J. Earl filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1996), challenging his Minnesota conviction for aiding and abetting first degree murder. The district court dismissed the petition as untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) one year statute of limitations but granted a certificate of appealability (COA). Earl appeals, arguing that he is entitled to equitable tolling...

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