Legal Opinion
Lynn Brooks v. Jonathan R. Walls, Warden, Menard Correctional Center
Court of Appeals for the Seventh Circuit
Decided August 23, 2002No. 01-1584PublishedCited by 26 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Lynn Brooks’ federal collateral attack on his state conviction is untimely unless his prior collateral attack in state court satisfies 28 U.S.C. § 2244(d)(2): “The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.” Following Fernandez v. Sternes, 227 F.3d 977 (7th Cir.2000), and Jefferson v. Welborn, 222 F.3d 286 (7th Cir.2000), plus dictum in Artuz v. Bennett, 531 U.S. 4, 8, 121…
2Cases cited17 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Ake v. OklahomaSupreme Court of the United States · 1985
- Harris v. ReedSupreme Court of the United States · 1989
- Artuz v. BennettSupreme Court of the United States · 2000
- Carey v. SaffoldSupreme Court of the United States · 2002
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bobby Ford v. Donald JohnsonCourt of Appeals for the Seventh Circuit · 2004
- Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
- Sweet v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2006
- Gregory Scott Johnson v. Daniel McBride Superintendent, Maximum Control FacilityCourt of Appeals for the Seventh Circuit · 2004
- Sherwood v. PrelesnikCourt of Appeals for the Sixth Circuit · 2009
21 more not listed; retrieve them via the Exa API.