Board v. Bradshaw

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In September, 2010, Board pleaded guilty to drug trafficking with forfeiture specifications, a felony that carried a mandatory prison term of three-10 years under Ohio law. His plea agreement recommended a seven-year sentence. The court sentenced Board to seven years in prison. Board did not timely appeal his sentence. In June, 2011, Board filed a pro se notice of appeal and motion for leave to file a delayed appeal, asserting that both the court and counsel failed to inform him of his appellate rights. The Ohio Court of Appeals summarily denied Board’s motion. The Ohio Supreme Court declined to hear the case in December, 2011. Board sought relief under 28 U.S.C. 2254, arguing that he was denied due process and equal protection when the trial court failed to inform him of his appellate rights and his subsequent motion for leave to file a delayed appeal was denied, and ineffective assistance. The district court dismissed the petition as time-barred. The Sixth Circuit reversed and remanded. Board’s Ohio motion was a “properly filed” motion for collateral relief that tolled AEDPA’s statute of limitations from that date until December 21, 2011, when the Ohio Supreme Court dismissed Board’s appeal of the denial of his motion. View "Board v. Bradshaw" on Justia Law