Legal Opinion

Carey v. Saffold

Supreme Court of the United States

Decided June 17, 2002No. 01-301PublishedCited by 1,061 opinions

1Opinion of the CourtJustice Breyer

The federal Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a state prisoner seeking a federal habeas corpus remedy to file his federal petition within one year after his state conviction has become “final.” 28 U. S. C. § 2244(d)(1)(A). The statute adds, however, that the 1-year period does not include the time during which an *217application for state collateral review is “pending” in the state courts. § 2244(d)(2).

This case raises three questions related to the statutory word “pending”:(1) Does that word cover the time between a lower state court’s decision and the filing…

2Cases cited23 opinions

  1. Duncan v. WalkerSupreme Court of the United States · 2001
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. In Re ClarkCalifornia Supreme Court · 1993
  4. Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  5. Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney GeneralCourt of Appeals for the Third Circuit · 2000

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3Cited by1,061 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Lawrence v. FloridaSupreme Court of the United States · 2007
  3. Jimenez v. QuartermanSupreme Court of the United States · 2009
  4. Martin Valdez, Jr. v. W. MontgomeryCourt of Appeals for the Ninth Circuit · 2019
  5. Joseph Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2007

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