Legal Opinion
Orange v. Calbone
Court of Appeals for the Tenth Circuit
Decided February 4, 2003No. 01-7115PublishedCited by 22 opinions
1Opinion of the Court
BRISCOE, Circuit Judge.
Petitioner Billy Jack Orange, an Oklahoma state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition on statute of limitations grounds. Because we conclude that the “appeal out of time” granted to petitioner by the Oklahoma Court of Criminal Appeals constitutes “direct review” for purposes of 28 U.S.C. § 2244(d)(1)(A), we in turn conclude that his federal habeas petition was timely filed. We reverse the judgment of the district court and remand for further proceedings.
I
Petitioner was convicted by a jury in the District Court of…
2Cases cited17 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Williams v. TaylorSupreme Court of the United States · 2000
- Carey v. SaffoldSupreme Court of the United States · 2002
- Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
- D'Juan Bronaugh v. State of OhioCourt of Appeals for the Sixth Circuit · 2000
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Marilyn Gene Summers v. Dora B. Schriro, Director, Warden Terry Goddard, Attorney General of the State of ArizonaCourt of Appeals for the Ninth Circuit · 2007
- Redmond v. JacksonDistrict Court, E.D. Michigan · 2003
- Serrano v. WilliamsCourt of Appeals for the Tenth Circuit · 2004
- Salinas v. DretkeCourt of Appeals for the Fifth Circuit · 2004
- Douglas Alan Frasch v. James Peguese, Warden J. Joseph Curran, Jr., the Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2005
17 more not listed; retrieve them via the Exa API.