No. 23-942

Sherman Campbell, Warden v. Stephen J. Kares

Lower Court: Sixth Circuit
Docketed: 2024-02-28
Status: Denied
Type: Paid
Experienced Counsel
Tags: dna-testing federal-tolling habeas habeas-corpus judicial-reexamination judicial-review post-conviction-relief properly-filed state-postconviction-review statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does Michigan's DNA testing statute toll the habeas limitations period?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Congress has imposed a one-year statute of limitations for state prisoners to seek habeas review of their conviction or sentence. 28 U.S.C. § 2244(d). The limitations period is statutorily tolled during the pendency of a “properly filed application for State postconviction or other collateral review with respect to the pertinent judgment or claim” under § 2244(d)(2). A petitioner must meet two requirements for statutory tolling. First, the application must call for “judicial reexamination” of the judgment or claim, Wall v. Kholi, 562 U.S. 545, 553 (2011), as distinct from intermediate requests such as motions for discovery, which do not toll the limitations period, id. at 556 n.4. Second, the conforming application must be “properly filed” under state law. Artuz v. Bennett, 531 U.S. 4, 8 (2000). The questions presented are: 1. Does Michigan’s statute allowing a prisoner to request DNA testing call for a “judicial reexamination” of the defendant’s conviction under § 2244(d)(2) to statutorily toll the habeas limitations period, as in the Fifth and Sixth Circuits, or it is more akin to a discovery request, in line with decisions from the Second, Seventh, Ninth, Tenth, and Eleventh Circuits and the Michigan appellate courts? 2. Did Petitioner Stephen Kares “properly file” his DNA motion under state law, where he did not even attempt to satisfy the minimal pleading requirements set forth in Michigan’s post-conviction DNA testing statute?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-10
Reply of Sherman Campbell submitted.
2024-07-10
2024-06-28
Brief of Stephen J. Kares in opposition submitted.
2024-06-28
2024-05-21
Motion to extend the time to file a response is granted and the time is further extended to and including June 28, 2024.
2024-05-20
Motion to extend the time to file a response from May 29, 2024 to June 28, 2024, submitted to The Clerk.
2024-04-22
Motion to extend the time to file a response is granted and the time is further extended to and including May 29, 2024.
2024-04-19
Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
2024-03-18
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2024.
2024-03-15
Motion to extend the time to file a response from March 29, 2024 to April 29, 2024, submitted to The Clerk.
2024-02-26

Attorneys

Sherman Campbell
Ann Maurine ShermanMichigan Department of Attorney General, Petitioner
Ann Maurine ShermanMichigan Department of Attorney General, Petitioner
Stephen J. Kares
Easha AnandRoderick & Solange MacArthur Justice Center, Respondent
Easha AnandRoderick & Solange MacArthur Justice Center, Respondent