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CARTER v. BRADSHAW

No. 08-4377.

644 F.3d 329 (2011)

Sean CARTER, Petitioner-Appellee, v. Margaret BRADSHAW, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 26, 2011.

Attorney(s) appearing for the Case

ARGUED: Charles L. Wille , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant.

Linda E. Prucha , Ohio Public Defender's Office, Columbus, Ohio, for Appellee.

ON BRIEF: Charles L. Wille , Holly E. LeClair , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant.

Linda E. Prucha , Rachel Troutman , Ohio Public Defender's Office, Columbus, Ohio, for Appellee.

MARTIN, J., delivered the opinion of the court, in which COLE, J., joined. ROGERS, J. (pp. 337-42), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

In this habeas action where petitioner Sean Carter is facing the death penalty according to his Ohio conviction, the district court found that Carter is incompetent, dismissed his petition without prejudice, and equitably tolled the Antiterrorism and Effective Death Penalty Act statute of limitations prospectively until he is competent to proceed. Respondent Warden Margaret Bradshaw appeals that decision. For...

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