Legal Opinion

Raymond Powell v. Cecil Davis

Court of Appeals for the Seventh Circuit

Decided July 19, 2005No. 03-3799PublishedCited by 50 opinions

1Opinion of the Court

WOOD, Circuit Judge.

Indiana prisoner Raymond Powell is trying to mount a collateral attack under 28 U.S.C. § 2254 on his conviction for attempted murder. The underlying constitutional issue he would like to raise is a due process challenge to the jury instructions that the trial court gave. Before we can reach that question, however, there is an antecedent procedural problem: whether Powell’s § 2254 petition was filed beyond the time period permitted by federal law. See 28 U.S.C. § 2244(d). The district court concluded that it was indeed time-barred, and dismissed the petition on that ground.…

2Cases cited23 opinions

  1. Polk County v. DodsonSupreme Court of the United States · 1981
  2. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  3. Pennsylvania v. FinleySupreme Court of the United States · 1987
  4. Artuz v. BennettSupreme Court of the United States · 2000
  5. Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003

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

3Cited by50 opinions

  1. Tucker v. KingstonCourt of Appeals for the Seventh Circuit · 2008
  2. Downs v. McNeilCourt of Appeals for the Eleventh Circuit · 2008
  3. Simms v. AcevedoCourt of Appeals for the Seventh Circuit · 2010
  4. Holland v. FloridaSupreme Court of the United States · 2010
  5. John H. Balsewicz v. Phillip A. Kingston, WardenCourt of Appeals for the Seventh Circuit · 2005

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

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