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Fw: Equitable Tolling Ruling



My bad.  Resending because I misstyped your email address.  I keep associating "Puckett" with "Plunkett" for "Plunkett & Cooney" a Detroit area law firm.  Hope that's a promotion for you (laughter). 

--- On Wed, 11/30/11, Roberto Guzman <legal_begal01@sbcglobal.net> wrote:

From: Roberto Guzman <legal_begal01@sbcglobal.net>
Subject: Equitable Tolling Ruling
To: haytham@plunkettfaraj.com
Date: Wednesday, November 30, 2011, 9:21 AM

Good morning, Haytham:
 
As I indicated on our Facebook page, attached is the ruling by US District Judge Patrick Duggan in our client's favor on the equitable tolling issue that we assisted him in briefing on his AEDPA appeal.  Also attached is the Brief in Opposition to the State's Motion to Dismiss the appeal as untimely, containing the equitable tolling arguments I researched for the client, who reviewed and filed it with the district court.  You will note that we addressed equitable tolling with respect to post-conviction counsel's neglect and misconduct.  While I disagree with Judge Duggan's AEDPA calculations, we got the result we wanted and the client is pleased with the ruling. 
 
This is one of many clients wrongfully convicted as a result of faulty or falsified ballistics evidence involving the Detroit Crime Lab for which my group has been actively advocating new trials. 
 
Hopefully you will be able to use these as precedents, now that you are practicing in Michigan and may very likely one day come across representing a client on appeal under MCR 6.500, Michigan's post-conviction relief rule.

Attachment: Nobles Order.pdf
Description: Adobe PDF document

Attachment: Response.doc
Description: MS-Word document