Legal Opinion

Darnell Tinker v. Craig Hanks

Court of Appeals for the Seventh Circuit

Decided April 7, 1999No. 98-1894PublishedCited by 42 opinions

1Opinion of the Court

POSNER, Chief Judge.

As one of the reforms of federal habeas corpus decreed by the Antiterrorism and Effective Death Penalty Act of 1996, a prisoner must (with immaterial exceptions) commence his habeas corpus action within one year of the date on which his conviction became final. See 28 U.S.C. § 2244(d)(1)(A). But this period is tolled while “a properly filed application for State postconviction or other collateral review with respect to the pertinent judgment or claim is pending.” § 2244(d)(2). Tinker’s habeas corpus action (dismissed by the district court as untimely) was timely only if…

2Cases cited1 opinion

  1. Donald Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 1997

3Cited by42 opinions

  1. Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
  2. Joseph Arrieta v. Deirdre Battaglia, WardenCourt of Appeals for the Seventh Circuit · 2006
  3. Tony Bruce Bennett v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 1999
  4. Tucker v. KingstonCourt of Appeals for the Seventh Circuit · 2008
  5. Willie Freeman v. James H. Page, Warden, Stateville Correctional CenterCourt of Appeals for the Seventh Circuit · 2000

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