Legal Opinion
Marilynn R. Malcom v. Alice Payne
Court of Appeals for the Ninth Circuit
Decided February 22, 2002No. 00-35770PublishedCited by 36 opinions
1Opinion of the Court
TROTT, Circuit Judge.
Was Washington state prisoner Mari-lynn Malcom’s federal petition for habeas corpus timely filed? The answer to that question depends primarily on whether Malcom’s state clemency petition tolled the one-year limitations period of the Antiter-rorism and Effective Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. § 2244(d) (2000).
The district court deemed untimely Mal-com’s federal habeas petition after concluding that Malcom’s state clemency petition did not toll AEDPA’s limitations clock. However, concluding that reasonable jurists could differ on the question, the…
2Cases cited22 opinions
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Rose v. LundySupreme Court of the United States · 1982
- Duncan v. WalkerSupreme Court of the United States · 2001
- Artuz v. BennettSupreme Court of the United States · 2000
- 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
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Dean Evan Ferguson v. Joan Palmateer, Superintendent Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 2003
- Brian Dennis Shannon v. Anthony Newland, WardenCourt of Appeals for the Ninth Circuit · 2005
- Charles Larry Jones v. United StatesCourt of Appeals for the Eleventh Circuit · 2002
- Paul Alywen Redd, Jr. v. Joe McGrathCourt of Appeals for the Ninth Circuit · 2003
- Liza Brown v. Susan E. PooleCourt of Appeals for the Ninth Circuit · 2003
31 more not listed; retrieve them via the Exa API.