Legal Opinion

Elliot Ray v. Marc Clements

Court of Appeals for the Seventh Circuit

Decided November 19, 2012No. 11-3228PublishedCited by 163 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

In Elliot Don Ray’s first federal habeas appeal we found that his constitutional rights were violated when the state introduced out-of-court statements made by individuals who did not testify at his murder trial. But we remanded to give the state the opportunity to assert a defense that Ray’s state post-conviction motion was untimely. Ray v. Boatwright (Ray I), 592 F.3d 793, 798-99 (7th Cir.), as amended (Apr. 1, 2010). On remand, and after an evidentiary hearing, the district court placed the burden of proving timeliness on Ray, finding that he did not timely give his…

2Cases cited52 opinions

  1. Erickson v. PardusSupreme Court of the United States · 2007
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Houston v. LackSupreme Court of the United States · 1988
  4. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  5. Pace v. DiGuglielmoSupreme Court of the United States · 2005

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3Cited by163 opinions

  1. John Taylor, Jr. v. James BrownCourt of Appeals for the Seventh Circuit · 2015
  2. John McCottrell v. Marcus WhiteCourt of Appeals for the Seventh Circuit · 2019
  3. Steven Johnson v. Brian FosterCourt of Appeals for the Seventh Circuit · 2015
  4. Obriecht v. FosterCourt of Appeals for the Seventh Circuit · 2013
  5. Arnold v. DittmannCourt of Appeals for the Seventh Circuit · 2018

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

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