Legal Opinion
John C. Wims v. United States
Court of Appeals for the Second Circuit
Decided September 14, 2000No. 2000PublishedCited by 127 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
This appeal presents a question concerning the proper application of the one-year statute of limitations governing federal ha-beas corpus relief pursuant to 28 U.S.C. § 2255. We hold that § 2255(4) establishes the date on which the limitations period begins to run; that date is determined by when “the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.” Id. (emphasis added). This is so, moreover, regardless of whether petitioner actually discovers the relevant facts at a later date. Because, instead, the…
2Cases cited8 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- Armstrong v. McAlpinCourt of Appeals for the Second Circuit · 1983
- Nelson v. WalkerCourt of Appeals for the Second Circuit · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Holland v. FloridaSupreme Court of the United States · 2010
- Anthony Aron v. United StatesCourt of Appeals for the Eleventh Circuit · 2002
- Rivas v. FischerCourt of Appeals for the Second Circuit · 2012
- Paul George Schlueter, III v. Benjamin Varner District Attorney Northampton County Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2004
- Avagyan v. HolderCourt of Appeals for the Ninth Circuit · 2011
122 more not listed; retrieve them via the Exa API.