Legal Opinion
Herbert v. Dickhaut
District Court, D. Massachusetts
Decided March 19, 2010No. Civil Action 06cv10036-NGPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS
GERTNER, District Judge:
This case comes before the court on respondent’s motion to dismiss Roger Herbert’s (“Herbert”) petition for habeas corpus, which he brings pursuant to 28 U.S.C. § 2254. Herbert asserts numerous constitutional defects in his trial and in his representation both at trial and on direct appeal. On the assented motion of the parties, the proceedings have been bifurcated such that, at this time, the only issue before the Court is whether Herbert’s petition is timely under 28 U.S.C. § 2244(d). And central to that…
2Cases cited38 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Artuz v. BennettSupreme Court of the United States · 2000
- Carey v. SaffoldSupreme Court of the United States · 2002
- 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
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
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3Cited by4 opinions
- Herbert v. DickhautCourt of Appeals for the First Circuit · 2012
- Duncan v. DooleyDistrict Court, D. South Dakota · 2017
- Nolan v. United StatesDistrict Court, D. Massachusetts · 2012
- Williams v. HullDistrict Court, D. Massachusetts · 2019