DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062545U.pdf 05/06/2008 Albert Pierson v. Dave Dormire
U.S. Court of Appeals Case No: 06-2545
U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam - Before Wollman, Beam and Melloy,
Circuit Judges]
Prisoner case - habeas. Remanded for further proceedings consistent
with the en banc court's opinion in Riddle v. Kemna, No. 06-2542, 2008
WL 927618 (8th Cir. 2008).
062545P.pdf 04/04/2007 Albert Pierson v. Dave Dormire
U.S. Court of Appeals Case No: 06-2545
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Wollman and Beam, Circuit Judges]
Prisoner case - habeas. Court adopts the position of the Second,
Fourth, Fifth and Ninth Circuits, holding that a district court can
grant relief from judgment pursuant to Rule 60(b) sua sponte; letter
sent to clerk of the district court was sufficient to constitute a
timely notice of appeal; applying Nichols v. Bowersox, 172 F.3d 1068
(8th Cir. 1999), a Missouri prisoner's judgment becomes final within
the meaning of 28 U.S.C. Sec. 2244(d)(1)(A) exactly ninety days after
his conviction is affirmed on direct appeal, even if he has not filed
a motion for transfer to the Missouri Supreme Court; district court
erred in not considering this 90 day period when it ruled the habeas
petition was untimely, and the case is remanded for further proceedings.