Wood v. Milyard
Supreme Court of the United States
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
- United States v. OlanoSupreme Court of the United States · 1993
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- Day v. McDonoughSupreme Court of the United States · 2006
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