Legal Opinion

Day v. McDonough

Supreme Court of the United States

Decided April 25, 2006No. 04-1324PublishedCited by 1,452 opinions

1Opinion of the CourtJustice Ginsburg

This case concerns the authority of a U. S. District Court, on its own initiative, to dismiss as untimely a state prisoner’s petition for a writ of habeas corpus. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214, sets a one-year limitation period for filing such petitions, running from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U. S. C. § 2244(d)(1)(A). The one-year clock is stopped, however, during the time the petitioner’s “properly filed” application for state…

2Cases cited34 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. Rhines v. WeberSupreme Court of the United States · 2005
  5. Duncan v. WalkerSupreme Court of the United States · 2001

29 more not listed; retrieve them via the Exa API.

3Cited by1,452 opinions

  1. Jones v. BockSupreme Court of the United States · 2007
  2. Holland v. FloridaSupreme Court of the United States · 2010
  3. Buck v. DavisSupreme Court of the United States · 2017
  4. Wilson v. SellersSupreme Court of the United States · 2018
  5. Panetti v. QuartermanSupreme Court of the United States · 2007

1,447 more not listed; retrieve them via the Exa API.

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