Legal Opinion

Darnell Tinker v. Craig Hanks

Court of Appeals for the Seventh Circuit

Decided June 28, 2001No. 98-1894PublishedCited by 34 opinions

1Opinion of the Court

POSNER, Circuit Judge.

A state prisoner who seeks federal ha-beas corpus relief must with immaterial exceptions institute his habeas corpus proceeding within a year of when his conviction became final. 28 U.S.C. § 2244(d)(1)(A). But this period is tolled while “a properly filed application” for state posteonviction review is pending. § 2244(d)(2). When last this case was before us, we held that an application for permission to file a second state postcon-viction proceeding is not a “properly filed application” for state postconviction relief, and so the district court was correct to hold that…

2Cases cited3 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. Darnell Tinker v. Craig HanksCourt of Appeals for the Seventh Circuit · 1999
  3. State Ex Rel. Woodford v. Marion Superior CourtIndiana Supreme Court · 1995

3Cited by34 opinions

  1. Tucker v. KingstonCourt of Appeals for the Seventh Circuit · 2008
  2. Eric D. Johnson v. Gary R. McCaughtry WardenCourt of Appeals for the Seventh Circuit · 2001
  3. Raymond Powell v. Cecil DavisCourt of Appeals for the Seventh Circuit · 2005
  4. Martinez v. JonesCourt of Appeals for the Seventh Circuit · 2009
  5. Lynn Brooks v. Jonathan R. Walls, Warden, Menard Correctional CenterCourt of Appeals for the Seventh Circuit · 2002

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