Legal Opinion

Wood v. Milyard

Supreme Court of the United States

Decided April 24, 2012No. 10-9995PublishedCited by 505 opinions

1Opinion of the CourtJustice Ginsburg

This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a ha-beas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed the U. S. District Court that it “[would] not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition.” App. 70a; see id., at 87a. Thereafter, the District Court rejected Wood’s claims on the merits. On appeal, the Tenth Circuit directed the parties to brief the question whether Wood’s federal petition was timely. Post-briefing, the…

2Cases cited11 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Holland v. FloridaSupreme Court of the United States · 2010
  3. Weinberger v. SalfiSupreme Court of the United States · 1975
  4. Kontrick v. RyanSupreme Court of the United States · 2004
  5. Day v. McDonoughSupreme Court of the United States · 2006

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3Cited by505 opinions

  1. Wilson v. SellersSupreme Court of the United States · 2018
  2. Winsted v. BerryhillCourt of Appeals for the Seventh Circuit · 2019
  3. Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
  4. Barna v. Board of School Directors of the Panther Valley School DistrictCourt of Appeals for the Third Circuit · 2017
  5. Tesone v. Empire Marketing StrategiesCourt of Appeals for the Tenth Circuit · 2019

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