Sherwood v. Prelesnik, No. 08-1019

In a criminal sexual conduct habeas matter, dismissal of a habeas petition as barred by the one-year statute of limitations in 28 U.S.C. section 2244(d) is reversed where: 1) a timely motion for rehearing in a state supreme court on a post-conviction appeal tolls the time for a habeas petition under 28 U.S.C. section 2244(d); and 2) cases pending when the Supreme Court overruled prior circuit precedent in Lawrence v. Florida, 127 S. Ct. 1079 (2007), are entitled to equitable tolling.

Read Sherwood v. Prelesnik, No. 08-1019

Appellate Information

Argued: June 16, 2009

Decided and Filed: September 3, 2009

Judges

Opinion by Judge White

Counsel

For Appellant:

Stuart G. Friedman, Kirsch & Satawa, P.C., Southfield, MI

For Appellee:

Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, MI