Legal Opinion

Douglas Beery v. John Ault

Court of Appeals for the Eighth Circuit

Decided January 29, 2003No. 02-1791PublishedCited by 75 opinions

1Opinion of the Court

FAGG, Circuit Judge.

Douglas Beery brought this 28 U.S.C. § 2254 habeas petition challenging his Iowa convictions for first-degree murder and assault with intent to commit serious injury. The State of Iowa, through warden John Ault, moved to dismiss the peti tion as untimely. The district court * granted the motion, and Beery appeals. We affirm.

Beery’s petition is governed by the Antiterrorism and Effective Death Penalty Act (AEDPA), which imposes a one-year statute of limitations for filing federal ha-beas petitions. 28 U.S.C. § 2244(d)(1). As applicable here, the limitations period runs from…

2Cases cited12 opinions

  1. Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
  2. Hanifi Jihad v. Sheryl Ramstad Hvass, Commissioner of CorrectionsCourt of Appeals for the Eighth Circuit · 2001
  3. Paul Kreutzer v. Michael S. Bowersox, Warden, SuperintendentCourt of Appeals for the Eighth Circuit · 2000
  4. Steven Taliani v. James Chrans, WardenCourt of Appeals for the Seventh Circuit · 1999
  5. Lookingbill v. CockrellCourt of Appeals for the Fifth Circuit · 2002

7 more not listed; retrieve them via the Exa API.

3Cited by75 opinions

  1. Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
  2. Doe v. BusbyCourt of Appeals for the Ninth Circuit · 2011
  3. United States v. Kenneth Ray MartinCourt of Appeals for the Eighth Circuit · 2005
  4. Theotis Muhammad v. United StatesCourt of Appeals for the Eighth Circuit · 2013
  5. Paul Modrowski v. Stephen D. MoteCourt of Appeals for the Seventh Circuit · 2003

70 more not listed; retrieve them via the Exa API.

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