Legal Opinion
United States v. Leroy Thomas, A/K/A Sheeba Leroy Thomas
Court of Appeals for the Third Circuit
Decided August 1, 2000No. 98-3460PublishedCited by 239 opinions
1Opinion of the Court
OPINION OF THE COURT
BARRY, Circuit Judge:
This appeal requires us to decide whether the relation back of amendments provision of Rule 15 of the Federal Rules of Civil Procedure (“Fed.R.Civ.P.”) is consistent with 28 U.S.C. § 2255 and the rules governing § 2255 proceedings, such that an amendment to a timely filed § 2255 petition may relate back to the date of the petition after the expiration of the one-year period of limitations prescribed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). We hold that it can. Under Fed.R.Civ.P. 15(c), an amendment which, by way of…
2Cases cited9 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999
- United States v. Quentin Miller, A/K/A "Q" Quentin MillerCourt of Appeals for the Third Circuit · 1999
- United States v. Anthony Alexander Pittman, A/K/A Anthony Alexander Pittman, Sr.Court of Appeals for the Fourth Circuit · 2000
- United States v. Michael Lloyd CraycraftCourt of Appeals for the Eighth Circuit · 1999
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3Cited by239 opinions
- Joseph Fama v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- Michael Anthony v. Steven Cambra, Jr., WardenCourt of Appeals for the Ninth Circuit · 2000
- United States v. Calvin DyessCourt of Appeals for the Fourth Circuit · 2013
- United States v. Hicks, Eric A.Court of Appeals for the D.C. Circuit · 2002
- Commonwealth v. PorterSupreme Court of Pennsylvania · 2012
234 more not listed; retrieve them via the Exa API.