Legal Opinion

Rivas v. Fischer

Court of Appeals for the Second Circuit

Decided July 9, 2012No. Docket 10-1300-prPublishedCited by 250 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge:

The issue in this appeal is whether petitioner-appellant Hector Rivas — who is currently serving an indeterminate life sentence for the second-degree murder of his former girlfriend, Valerie Hill — should be permitted to present in federal court his claim that constitutional error at his criminal trial renders his current confinement unlawful. The merits of Rivas’s constitutional claims are not before us. Rather, we address only whether his petition for a writ of habeas corpus under 28 U.S.C. § 2254 was timely filed, or, if untimely, whether he should…

2Cases cited59 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Coleman v. ThompsonSupreme Court of the United States · 1991
  4. Schlup v. DeloSupreme Court of the United States · 1995
  5. Murray v. CarrierSupreme Court of the United States · 1986

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3Cited by250 opinions

  1. McQuiggin v. PerkinsSupreme Court of the United States · 2013
  2. Fontenot v. CrowCourt of Appeals for the Tenth Circuit · 2021
  3. Jerry Reeves v. Superintendent Fayette SCICourt of Appeals for the Third Circuit · 2018
  4. David Munchinski v. Harry WilsonCourt of Appeals for the Third Circuit · 2012
  5. Kenneth Jefferson v. United StatesCourt of Appeals for the Sixth Circuit · 2013

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