POLSON v. BOWERSOX

No. 08-3919.

595 F.3d 873 (2010)

Troy N. POLSON, Appellant, v. Supt. Michael BOWERSOX, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2010.


Attorney(s) appearing for the Case

Curtis L. Blood, Collinsville, IL, argued, for appellant.

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, argued (Chris Koster, Atty. Gen., on the brief), for appellee.

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.


MELLOY, Circuit Judge.

Troy Polson appeals the district court's dismissal of his habeas corpus petition as untimely. We hold that the statute of limitations was tolled during the pendency of Polson's petition for relief pursuant to Missouri Supreme Court Rule 91 and that Polson's federal habeas petition was therefore timely.

I.

In August 2003, Polson was sentenced in Clay County, Missouri for convictions of first-degree assault, armed criminal action...

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