No. 24-6956

Jimmy Dale Stone v. David Louthan, Warden

Lower Court: Tenth Circuit
Docketed: 2025-04-10
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability due-process habeas-corpus post-conviction-relief statute-of-limitations tenth-circuit
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-06-12
Question Presented (AI Summary)

Did the Tenth Circuit Court of Appeals violate 28 U.S.C. § 2254 and the Due Process Clause by denying Jimmy Dale Stone's petition for a COA and finding his federal habeas corpus petition was untimely filed, despite his argument that state post-conviction relief tolled the statute of limitations and he was diligent in pursuing his rights?

Question Presented (OCR Extract)

1) Did the Tenth Circuit Court of Appeals violate 28 U.S.C. § 2254 and the Due Process Clause by denying Jimmy Dale Stone's petition for a COA and finding his federal habeas corpus petition was untimely filed, despite his argument that state post-conviction relief tolled the statute of limitations and he was diligent in pursuing his rights? 2) Does the doctrine of equitable tolling provide a sufficient remedy for prisoners who are unable to comply with statutory deadlines due to extraordinary circumstances, such as prison lockdowns and limited access to legal resources? 3) Did the Western District of Oklahoma err in failing to recognize and apply federal treaties and laws regarding Indian Country status and jurisdiction in Oklahoma, and did the Tenth Circuit Court of Appeals correctly affirm this error by allowing Oklahoma to assert state jurisdiction over lands reserved for Indian tribes and extinguish their rights? -ii

Docket Entries

2025-06-16
Petition DENIED.
2025-05-28
DISTRIBUTED for Conference of 6/12/2025.
2024-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2025)

Attorneys

Jimmy Dale Stone
Jimmy Dale Stone — Petitioner
Jimmy Dale Stone — Petitioner