Legal Opinion

John Doe v. Frederick Menefee, Warden, Warden of the Otisville Federal Correctional Institution the Attorney General of the State of New York

Court of Appeals for the Second Circuit

Decided November 19, 2004No. 03-2432PublishedCited by 287 opinions

1Opinion of the Court

Judge POOLER dissents in a separate opinion.

SOTOMAYOR, Circuit Judge.

Petitioner-appellant John Doe1 appeals from the decision of the United States District Court for the Southern District of New York (Brieant, J.), denying his petition for a writ of habeas corpus.2 Although Doe seeks to challenge his 1995 New York State conviction for second-degree sodomy, he failed to file his petition within the limitations period provided by the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(d)(1). Doe argues that the limitations period should be tolled because he is actually…

2Cases cited31 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Bousley v. United StatesSupreme Court of the United States · 1998

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3Cited by287 opinions

  1. Sealed v. Sealed 1Court of Appeals for the Second Circuit · 2008
  2. Larry Pat Souter v. Kurt Jones, WardenCourt of Appeals for the Sixth Circuit · 2005
  3. Timothy Ross v. David VaranoCourt of Appeals for the Third Circuit · 2013
  4. Rivas v. FischerCourt of Appeals for the Second Circuit · 2012
  5. Fontenot v. CrowCourt of Appeals for the Tenth Circuit · 2021

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

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