Legal Opinion
Curtis Long v. Harry Wilson, Superintendent
Court of Appeals for the Third Circuit
Decided December 29, 2004No. 03-2898PublishedCited by 330 opinions
1Opinion of the Court
BECKER, Circuit Judge.
Curtis Long appeals from an order of the District Court which denied his petition for a writ of habeas corpus, after concluding that, even though the Commonwealth failed to raise the statute of limitations defense, 28 U.S.C. § 2244(d)(1), in the answer to the petition, it had not waived the defense because it advanced it after the Magistrate Judge sua sponte flagged it in her report. This appeal requires us to decide whether this holding is consistent with Robinson v. Johnson, 313 F.3d 128 (3d Cir.2002), cert. denied, 540 U.S. 826, 124 S.Ct. 48, 157 L.Ed.2d 49 (2003)-a…
2Cases cited43 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Duncan v. WalkerSupreme Court of the United States · 2001
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
38 more not listed; retrieve them via the Exa API.
3Cited by330 opinions
- Day v. McDonoughSupreme Court of the United States · 2006
- Wilson v. BeardCourt of Appeals for the Third Circuit · 2005
- Nurriddin v. GoldinDistrict Court, District of Columbia · 2005
- United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624Court of Appeals for the Third Circuit · 2005
- Sweet v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2006
325 more not listed; retrieve them via the Exa API.