Legal Opinion
Patrick v. Phelps
District Court, D. Delaware
Decided February 9, 2011No. Civil Action 10-73-SLRPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
SUE L. ROBINSON, District Judge.
I. INTRODUCTION
Currently before the court is Lavince M. Patrick’s (“petitioner”) application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (D.I. 2) For the reasons that follow, the court will dismiss petitioner’s § 2254 application as time-barred by the one-year period of limitations prescribed in 28 U.S.C. § 2244(d)(1).
II. FACTUAL AND PROCEDURAL BACKGROUND
In May 2005, petitioner was indicted on the charges of attempted second degree burglary and resisting arrest. Petitioner waived Ms right to a jury trial, and the Superior…
2Cases cited17 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Lindh v. MurphySupreme Court of the United States · 1997
- Holland v. FloridaSupreme Court of the United States · 2010
- Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
- Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Antonio Trevelle Lanko v. Superintendent of SCI Albion and District Attorney of Fayette CountyDistrict Court, W.D. Pennsylvania · 2026