Burns v. Prudden, No. 09-1704

In a child molestation prosecution, dismissal of petitioner's habeas petition as untimely is reversed where the Eighth Circuit's intervening decision in Riddle v. Kemna, 523 F.3d 850 (8th Cir. 2008), overruling a previous decision regarding the calculation of the statute of limitations for habeas petitions from Missouri, satisfied the "extraordinary circumstance" requirement for equitable tolling.

Read Burns v. Prudden, No. 09-1704

Appellate Information

Submitted: September 24, 2009

Filed: December 16, 2009

Judges

Opinion by Judge Gruender