Legal Opinion

Douglas Alan Frasch v. James Peguese, Warden J. Joseph Curran, Jr., the Attorney General of the State of Maryland

Court of Appeals for the Fourth Circuit

Decided July 7, 2005No. 04-6902PublishedCited by 17 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge WILSON concurred. Judge NIEMEYER wrote a dissenting opinion.

MICHAEL, Circuit Judge.. This is an appeal from the dismissal of a federal habeas corpus petition as untimely under a limitations provision in the Anti-Terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2244(d)(1)(A), which requires that a petition be filed within one year of the conclusion of direct review or the expiration of the time for seeking direct review. The petitioner here (a Maryland prisoner) obtained, in a…

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. Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
  3. Mosley v. StateCourt of Appeals of Maryland · 2003
  4. Casey Bridges v. Curtis JohnsonCourt of Appeals for the Eleventh Circuit · 2002
  5. McElroy v. StateCourt of Appeals of Maryland · 1993

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

3Cited by17 opinions

  1. United States v. Donathan Wayne HaddenCourt of Appeals for the Fourth Circuit · 2007
  2. Green v. JohnsonCourt of Appeals for the Fourth Circuit · 2008
  3. Marilyn Gene Summers v. Dora B. Schriro, Director, Warden Terry Goddard, Attorney General of the State of ArizonaCourt of Appeals for the Ninth Circuit · 2007
  4. Teas v. EndicottCourt of Appeals for the Seventh Circuit · 2007
  5. Losh v. FabianCourt of Appeals for the Eighth Circuit · 2010

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

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