Legal Opinion

Streu v. Dormire

Court of Appeals for the Eighth Circuit

Decided February 26, 2009No. 07-3430PublishedCited by 54 opinions

1Opinion of the Court

COLLOTON, Circuit Judge.

Larry Streu appeals the district court’s dismissal of his petition for writ of habeas corpus as untimely. Reviewing the dismissal de novo, see Boston v. Weber, 525 F.3d 622, 624 (8th Cir.2008), we reverse and remand for further proceedings.

Under the federal Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), a state prisoner has one year from the date on which his judgment of conviction becomes final to seek federal habeas corpus relief. 28 U.S.C. § 2244(d)(1)(A). This one-year statute of limitations is tolled, however, during the time in which “a…

2Cases cited30 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Rhines v. WeberSupreme Court of the United States · 2005
  3. Duncan v. WalkerSupreme Court of the United States · 2001
  4. Lawrence v. FloridaSupreme Court of the United States · 2007
  5. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952

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3Cited by54 opinions

  1. Mader v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  2. Stacy King v. Larry NorrisCourt of Appeals for the Eighth Circuit · 2012
  3. Michael Rodgers v. Bill BryantCourt of Appeals for the Eighth Circuit · 2019
  4. Selwin Martin v. Administrator New Jersey StateCourt of Appeals for the Third Circuit · 2022
  5. Cameron Holbrook v. Cindi CurtinCourt of Appeals for the Sixth Circuit · 2016

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

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