Legal Opinion
Steven R. Lovasz v. Scig Supt. Donald T. Vaughn
Court of Appeals for the Third Circuit
Decided January 14, 1998No. 97-3505PublishedCited by 157 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
The habeas petition of Steven Lovasz currently before us, on application for a certificate of appealability, presents the question whether a second or subsequent petition for posteonvietion relief, filed according to the procedural rules of the state, constitutes “a properly filed application” for the purpose of triggering the tolling mechanism of 28 U.S.C. § 2244(d)(2) without regard to the merits of the petition. Because we conclude that it does, we will grant the certificate of appeala-bility, reverse the dismissal of Lovasz’s petition, and remand…
2Cases cited8 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Commonwealth v. MoralesSupreme Court of Pennsylvania · 1997
- Gary Lee Doctor v. Gilbert A. WaltersCourt of Appeals for the Third Circuit · 1996
- Commonwealth v. LawsonSupreme Court of Pennsylvania · 1988
- Toulson v. BeyerCourt of Appeals for the Third Circuit · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by157 opinions
- Artuz v. BennettSupreme Court of the United States · 2000
- Commonwealth v. FahySupreme Court of Pennsylvania · 1999
- Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney GeneralCourt of Appeals for the Third Circuit · 2000
- Michael Lacava v. Kenneth D. Kyler the District Attorney for Philadelphia County the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
152 more not listed; retrieve them via the Exa API.