Legal Opinion

Steven J. Nowaczyk v. Warden, New Hampshire State Prison

Court of Appeals for the First Circuit

Decided August 14, 2002No. 98-1921, 99-1379PublishedCited by 75 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This is the latest in a steady stream of cases involving the complex procedural requirements that govern habeas corpus petitions filed under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254. This case differs from the norm, however, because the petition before us does not suffer from any procedural flaw. It was filed within AEDPA’s one-year statute of limitations, see id. § 2244(d)(1), and it contains only fully-exhausted claims, see id. § 2254(b) and (c). Nevertheless, the district court refused to address the merits of those claims and…

2Cases cited41 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  4. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  5. Rose v. LundySupreme Court of the United States · 1982

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

3Cited by75 opinions

  1. Andreas Kelly v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2003
  2. Neverson v. FarquharsonCourt of Appeals for the First Circuit · 2004
  3. Ford v. HubbardCourt of Appeals for the Ninth Circuit · 2003
  4. Lamone Lauderdale-El v. Indiana Parole BoardCourt of Appeals for the Seventh Circuit · 2022
  5. Thomas v. StoddardDistrict Court, E.D. Michigan · 2015

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

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