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Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period

by David M. Reutter

The United States Court of Appeals for the Sixth Circuit held that a properly filed Kentucky post-conviction application remains “pending” under 28 U.S.C. § 2244(d)(2) during a belated appeal authorized by Kentucky’s deficient-counsel exception. The petitioner requested relief before the one-year period expired, so …

 

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