In non-capital murder case, showing of actual innocence justifies equitable tolling and merits review of claims
Posted on: 9/17/2012 02:35:29 PM by Peoples
On September 10, 2012, the Sixth Circuit (White with Martin and Gilman) ruled that Alfred Cleveland, who is serving a life sentence for a 1991 Ohio murder, presented a credible claim of actual innocence that entitled him to equitable tolling of AEDPA's one-year limitations period as well as review of his habeas petition on the merits.  Cleveland v. Bradshaw.