Holmes v. Spencer
Court of Appeals for the First Circuit
1Opinion of the Court
TORRUELLA, Circuit Judge.
Petitioner-Appellant Alex Holmes (“Holmes”) filed a federal petition for a writ of habeas corpus to challenge his conviction and sentence for murder in Massachusetts. The district court' dismissed Holmes’s petition as untimely under the Antiterrorism and Effective Death Penalty Act’s (“AEDPA”) one-year statute of limitations. 28 U.S.C. § 2244(d). Holmes appealed the dismissal of his petition. We agree'with the district court that Holmes’s petition was not timely filed under AED-PA. However, we remand to the district court to consider whether the statute of limitations…
2Cases cited41 opinions
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- Artuz v. BennettSupreme Court of the United States · 2000
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