Legal Opinion

Holmes v. Spencer

Court of Appeals for the First Circuit

Decided July 16, 2012No. 09-2431PublishedCited by 63 opinions

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

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  3. Holland v. FloridaSupreme Court of the United States · 2010
  4. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  5. Artuz v. BennettSupreme Court of the United States · 2000

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3Cited by63 opinions

  1. Robert Jenkins v. Superintendent Laurel HighlandCourt of Appeals for the Third Circuit · 2013
  2. David Munchinski v. Harry WilsonCourt of Appeals for the Third Circuit · 2012
  3. William Bracey v. Superintendent Rockview SCICourt of Appeals for the Third Circuit · 2021
  4. William Mitchell v. Kathleen GreenCourt of Appeals for the Fourth Circuit · 2019
  5. Sparkle Hill, Inc. v. Interstate Mat CorporationCourt of Appeals for the First Circuit · 2015

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