Friday, June 1, 2007

6th Circuit denies rehearing in Cooey v. Strickland

Today, the 6th Circuit denied rehearing en banc in Cooey v. Strickland, No. 05-4057. Some background on the case can be found here (Crime & Consequences). The issue presented to the original panel was a determination of when the statute of limitations begin to run on a §1983 challenge to a lethal-injection protocol? The original panel looked to AEDPA's statute of limitations for an answer, determining that the period begins to run at the conclusion of direct review.

Five judges dissented from the denial of rehearing en banc, with Judge Gillman explaining their reasons. Their opinion can be found here. I'll leave any further comment to the 1983 experts, but I wanted to pinpoint the AEDPA connection (also prove that I'm still awake - not many published or noteworthy cases this week).