Legal Opinion
Donald Burns v. Willis E. Morton, Superintendent Peter Verniero, the Attorney General of the State of New Jersey
Court of Appeals for the Third Circuit
Decided January 9, 1998No. 97-5568PublishedCited by 414 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
The district court dismissed Donald Bums’ petition for a writ of habeas corpus as untimely under 28 U.S.C. § 2244(d)(1), and granted a certificate of appealability to appeal from this dismissal. We conclude that Burns’ petition was timely filed under the principles set forth in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). We will summarily reverse the dismissal, and remand the cause to the district court.
I
Burns pleaded guilty in New Jersey Superior Court, Law Division, to multiple counts of robbery, aggravated assault,…
2Cases cited17 opinions
- Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
- Houston v. LackSupreme Court of the United States · 1988
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Lindh v. MurphySupreme Court of the United States · 1997
- Garvey v. VaughnCourt of Appeals for the Eleventh Circuit · 1993
12 more not listed; retrieve them via the Exa API.
3Cited by414 opinions
- Commonwealth v. FahySupreme Court of Pennsylvania · 1999
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Tworivers v. LewisCourt of Appeals for the Ninth Circuit · 1999
- Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
- Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
409 more not listed; retrieve them via the Exa API.