Tanner v. Yukins

Tanner was convicted of a 1995 robbery and stabbing murder. The appeals court reversed for failure to provide DNA and serology experts. The Supreme Court of Michigan reversed. Tanner’s federal habeas petition was dismissed in 2005. Tanner, who is illiterate, then met with a legal assistant and requested a prison certificate of account, for her motion to file in forma pauperis. The assistant received that document on December 5, while Tanner’s unit was on lockdown. The legal assistant scheduled a “call-out” for December 6, so that Tanner could sign and file within the 30-day appeal period (FRAP 4(a)(1)(A)). Tanner told guards that she needed to pick up legal papers, but they refused. On December 8 Tanner signed the notice and delivered it to the mailroom for expedited handling the following day. Her notice was considered filed on December 9, 31 days after entry of judgment. The district judge granted a certificate of appealability on December 23. Tanner’s habeas appeal was docketed on January 9, beyond the last day on which Tanner could request extension of the 30-day period. On January 20, the Sixth Circuit issued a show-cause order. Tanner explained that guards had prevented timely filing. The Sixth Circuit dismissed. In 2007, Tanner filed a civil rights action against the guards. In 2012, a jury awarded damages. Tanner moved for relief under FRCP 60(b)(6), which permits a district court to “relieve a party . . . from a final judgment … for . . . any . . . reason.” The court denied the motion, ruling that Rule 4(a)(1) is jurisdictional. The Sixth Circuit reversed, emphasizing that the court will be granting relief “to revive a lost right of appeal,” not granting an extension under Rule 4(a)(5). View "Tanner v. Yukins" on Justia Law