DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073430P.pdf 02/26/2009 Larry Streu v. Dave Dormire
U.S. Court of Appeals Case No: 07-3430
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Bowman and Benton, Circuit Judges]
Prisoner case - habeas. Streu's motion to reopen his Missouri post-
conviction relief proceedings was a properly filed application for State
post-conviction or other collateral review with respect to the pertinent
judgment, and it tolled AEDPA's statute of limitations while it was
pending; however, calculating the time the statute was tolled yields a
result that Streu's habeas petition was filed more than 365 days after
judgment was final, and was untimely under AEDPA; the matter must be
remanded for further proceedings on whether the statute should be
equitably tolled.