Legal Opinion
Stephen C. Curtiss v. Mount Pleasant Correctional Facility
Court of Appeals for the Eighth Circuit
Decided August 12, 2003No. 03-1230PublishedCited by 66 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
Stephen C. Curtiss appeals the district court’s 1 dismissal of his Petition for Habe-as Corpus as untimely. He argues that the one year statute of limitations applicable to federal habeas petitions should be tolled for the period during which the petitioner could file a petition for post-conviction relief in state court. Recognizing that we have held to the contrary in Painter v. Iowa, 247 F.3d 1255 (8th Cir.2001), he suggests Painter was implicitly overruled by the Supreme Court in Carey v. Saffold, 536 U.S. 214, 122 S.Ct. 2134, 153 L.Ed.2d 260 (2002). In the…
2Cases cited9 opinions
- Carey v. SaffoldSupreme Court of the United States · 2002
- Hanifi Jihad v. Sheryl Ramstad Hvass, Commissioner of CorrectionsCourt of Appeals for the Eighth Circuit · 2001
- Paul Kreutzer v. Michael S. Bowersox, Warden, SuperintendentCourt of Appeals for the Eighth Circuit · 2000
- Burger v. ScottCourt of Appeals for the Tenth Circuit · 2003
- Alan Dean Painter v. State of IowaCourt of Appeals for the Eighth Circuit · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Valentino Maghee v. John Ault, WardenCourt of Appeals for the Eighth Circuit · 2005
- Riddle v. KemnaCourt of Appeals for the Eighth Circuit · 2008
- United States v. Pollard, Jonathan J.Court of Appeals for the D.C. Circuit · 2005
- Felter v. NortonDistrict Court, District of Columbia · 2006
- Jesse James Jackson v. John F. AultCourt of Appeals for the Eighth Circuit · 2006
61 more not listed; retrieve them via the Exa API.