Cases & Deals

Client's conviction under federal drug laws reversed on equitable tolling grounds by Sixth Circuit

Clients Solomon, Christopher L.

Partners Noel Francisco and Greg Castanias of Jones Day Washington represented Christopher Solomon before the Sixth Circuit Court of Appeals in a challenge to his conviction under federal drug laws. The District Court had ruled that Mr. Solomon's federal habeas petition was barred by the statute of limitations set out in the Antiterrorism and Effective Death Penalty Act. Jones Day argued in its briefs that the Government waived the statute of limitations defense and, alternatively, that the statute of limitations should be equitably tolled. After briefing but before argument, the Supreme Court issued a decision significantly undercutting the waiver argument. Accordingly, at oral argument, Jones Day successfully shifted the focus to the alternative equitable tolling argument. The Sixth Circuit reversed the District Court on the equitable tolling ground in one of a very small number of reported federal appellate court decisions in which a federal prisoner has successfully pressed an equitable tolling claim.

Solomon v. United States of America