Legal Opinion
Drew v. MacEachern
Court of Appeals for the First Circuit
Decided September 9, 2010No. 09-1571PublishedCited by 40 opinions
1Opinion of the Court
GAJARSA, Circuit Judge.
The issue before the court is whether an application for state post-conviction relief was “pending” within the meaning of the tolling provision of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244(d)(2), and, if not, whether the petitioner is entitled to equitable tolling of the AEDPA’s limitations period. Carl Drew appeals from the U.S. District Court for the District of Massachusetts’s dismissal of his petition for writ of habeas corpus. The district court dismissed Mr. Drew’s petition for lack of jurisdiction, holding that his…
2Cases cited31 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Holland v. FloridaSupreme Court of the United States · 2010
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
26 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Cameron Holbrook v. Cindi CurtinCourt of Appeals for the Sixth Circuit · 2016
- Gaskins v. DuvalCourt of Appeals for the First Circuit · 2011
- Marlon Scarber v. Carmen PalmerCourt of Appeals for the Sixth Circuit · 2015
- United States v. Kenneth SmuklerCourt of Appeals for the Third Circuit · 2021
- Herbert v. DickhautCourt of Appeals for the First Circuit · 2012
35 more not listed; retrieve them via the Exa API.