Legal Opinion

David Palmer v. Howard Carlton, Warden

Court of Appeals for the Sixth Circuit

Decided January 4, 2002No. 99-5952PublishedCited by 322 opinions

1Opinion of the Court

OPINION

DAUGHTREY, Circuit Judge.

The petitioner, Tennessee state prisoner David Palmer, appeals the district court’s sua sponte dismissal of his petition for a writ of habeas corpus. The court held that the petition was time-barred under the Anti Terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1), because Palmer’s state post-conviction action was not “properly filed” so as to toll AEDPA’s limitations period. However, our review indicates that an intervening United States Supreme Court case, Artuz v. Bennett, 531 U.S. 4, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000), has…

2Cases cited7 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Artuz v. BennettSupreme Court of the United States · 2000
  4. Victor Zarvela v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 2001
  5. Willie Freeman v. James H. Page, Warden, Stateville Correctional CenterCourt of Appeals for the Seventh Circuit · 2000

2 more not listed; retrieve them via the Exa API.

3Cited by322 opinions

  1. Sandra Maxwell Griffin v. Shirley A. Rogers, WardenCourt of Appeals for the Sixth Circuit · 2002
  2. Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
  3. Judah Hargrove v. Anthony J. BriganoCourt of Appeals for the Sixth Circuit · 2002
  4. Delphon Calhoun v. David BerghCourt of Appeals for the Sixth Circuit · 2014
  5. Drew v. Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2002

317 more not listed; retrieve them via the Exa API.

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