Jermaine Gildon v. Edwin R. Bowen, Warden

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• agreeing with Eighth Circuit that equitable tolling might be available to petitioner who demonstrated his innocence if he could not have discovered facts underlying claim of innocence within the limitations, period
• “Since the period of limitations is an affirmative defense, the state has the burden of showing that the petition is untimely.”
• “Since the period of limitations is an affirmative defense, the state has the burden of showing that the petition is untimely.”
• expiration of statute of limitations is affirmative defense
• adopting the Eighth Circuit’s approach in Flanders

Source: CourtListener parenthetical corpus (CC0).