(Download) "Souter V. Jones" by United States Courts of Appeals for the Sixth Circuit * eBook PDF Kindle ePub Free

eBook details

Title: Souter V. Jones
Author : United States Courts of Appeals for the Sixth Circuit
Release Date : January 18, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

Petitioner-Appellant Larry Pat Souter ("Souter") appeals the district court's dismissal of his petition for a writ of habeas corpus. Souter, currently incarcerated in a Michigan correctional facility, was convicted in 1992 of the murder of Kristy Ringler. In 2002, Souter filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction. The district court granted the State of Michigan's motion for summary judgment, finding that the petition was barred by the one-year statute of limitations set forth in 28 U.S.C. § 2244(d)(1). We granted Souter a certificate of appealability on two issues: (1) whether his petition was timely filed within one year of his discovery of new evidence; and (2) whether he is entitled to equitable tolling because he is actually innocent of the crime for which he was convicted. Because we find that Souter has demonstrated a credible claim of actual innocence, he is entitled to equitable tolling, and the district court's dismissal of his habeas petition is hereby REVERSED.