Legal Opinion

Day v. Hall

Court of Appeals for the Eleventh Circuit

Decided May 29, 2008No. 06-16060PublishedCited by 16 opinions

1Per curiam

Roger C. Day, Jr. (“Day”) appeals-the judgment of the district court dismissing his petition and contends that this petition for habeas corpus was timely filed pursuant to 28 U.S.C. § 2244. Treating Day’s early petition for judicial review as a petition for a writ of mandamus, under the rule of liberal construction for pro se pleadings, and using a different starting date than used by the district court, we find the instant federal habeas petition was timely filed. The dismissal by the district court is reversed.

Factual Background

On May 5, 1990, Day was convicted of two counts of rape, four…

2Cases cited8 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Tannenbaum v. United StatesCourt of Appeals for the Eleventh Circuit · 1998
  4. Ronald Washington, A.K.A. Boo Washington v. United StatesCourt of Appeals for the Eleventh Circuit · 2001
  5. Brown v. BarrowCourt of Appeals for the Eleventh Circuit · 2008

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3Cited by16 opinions

  1. Bob Jay Cole v. Warden, Georgia State PrisonCourt of Appeals for the Eleventh Circuit · 2014
  2. Arnold v. McNeilDistrict Court, M.D. Florida · 2009
  3. Pollock v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  4. Westmoreland v. Warden, Georgia Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  5. Roger C. Day, Jr. v. L. Steven BentonCourt of Appeals for the Eleventh Circuit · 2009

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