State v. Yates

1 Citing case

  1. Board v. Bradshaw

    805 F.3d 769 (6th Cir. 2015)   Cited 50 times
    Noting that "although an unsuccessful motion for leave to file a delayed appeal cannot restart the AEDPA limitations period, it may toll the limitations period while it is pending"

    See Ohio App. R. 5(A). Whether the court of appeals accepts or rejects those explanations affects only the relief granted. See Stone, 644 F.3d at 346 ; see also State v. Yates, No.2004–A0028, 2004 WL 2047560, at *1–2 (Ohio Ct.App. Sept. 10, 2004). Further, we do not find persuasive Respondent's argument that this court should be consistent in its treatment of Rule 5(A) motions for purposes of tolling and procedural default.