Legal Opinion

Tony Bruce Bennett v. Christopher Artuz, Superintendent

Court of Appeals for the Second Circuit

Decided October 25, 1999No. 1999PublishedCited by 155 opinions

1Opinion of the Court

WINTER, Chief Judge:

Tony Bruce Bennett appeals from Judge Gershon’s sua sponte dismissal of his ha-beas corpus petition pursuant to 28 U.S.C. § 2254 as untimely. The district court concluded that the petition was time-barred based on the fact that the petition was filed more than twenty-one months after the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214 (1996), and on our decision in Peterson v. Demskie, 107 F.3d 92 (2d Cir.1997), holding that prisoners whose convictions became final prior to AEDPA’s enactment have only a…

2Cases cited25 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  3. Rose v. LundySupreme Court of the United States · 1982
  4. Lindh v. MurphySupreme Court of the United States · 1997
  5. Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999

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3Cited by155 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
  3. Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney GeneralCourt of Appeals for the Third Circuit · 2000
  4. Raymond W. Snider v. Dr. MelindezCourt of Appeals for the Second Circuit · 1999
  5. Webster v. MooreCourt of Appeals for the Eleventh Circuit · 2000

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