Legal Opinion

Gerald DeCoteau v. Alex Schweitzer

Court of Appeals for the Eighth Circuit

Decided December 23, 2014No. 13-3245PublishedCited by 12 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Gerald Lee DeCoteau was found guilty of gross sexual imposition in 1996 and sentenced to ten years’ imprisonment. His habeas petition in November 2012 had six claims. The district court 1 dismissed the petition, finding four claims were time-barred, one was procedurally barred, and the other lacked merit. The district court granted a certificate of appealability whether the statute of limitations .in the Antiterrorism and Effective Death Penalty Act (AEDPA) applies on a claim-by-claim basis. Having jurisdiction under 28 U.S.C. §§ 1291 and 2253, this court affirms.

AEDPA’s…

2Cases cited10 opinions

  1. Mayle v. FelixSupreme Court of the United States · 2005
  2. Anthony Fielder v. Benjamin Varner the District Attorney of County of Philadelphia Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2004
  3. Destinni Mardesich v. Matthew CateCourt of Appeals for the Ninth Circuit · 2012
  4. Prendergast v. ClementsCourt of Appeals for the Tenth Circuit · 2012
  5. Contemporary Industries Corp. v. FrostCourt of Appeals for the Eighth Circuit · 2009

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3Cited by12 opinions

  1. Davis v. United StatesCourt of Appeals for the Seventh Circuit · 2016
  2. In re: Clinton YoungCourt of Appeals for the Fifth Circuit · 2015
  3. Clemente v. LeeCourt of Appeals for the Second Circuit · 2023
  4. Deshawn Fletcher v. United StatesCourt of Appeals for the Eighth Circuit · 2017
  5. Bonner v. Superintendent, Five Points Correctional FacilityDistrict Court, W.D. New York · 2021

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

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