Legal Opinion
Martin Hodge v. Charles Greiner, Superintendent, Sing Sing Correctional Facility
Court of Appeals for the Second Circuit
Decided October 11, 2001No. 2001PublishedCited by 40 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge.
This motion for a Certificate of Appeala-bility (“COA”) to appeal the denial of a petition for a writ of habeas corpus merits a brief opinion to consider the claim that the pendency of an Article 78 proceeding in the New York state courts tolls the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act, Pub. L. No. 104-132, 110 Stat. 1214 (1996) (“AEDPA”). We conclude that, at least in the circumstances of this case, the Article 78 petition does not toll the limitations period, and we therefore deny the motion.
Background
In…
2Cases cited7 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Anthony Ross v. Christopher Artuz, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1998
- Tony Bruce Bennett v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 1999
- Qabail Hizbullahankhamon v. Hans Walker, the Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 2001
- Sorce v. ArtuzDistrict Court, E.D. New York · 1999
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3Cited by40 opinions
- Ramirez v. YatesCourt of Appeals for the Ninth Circuit · 2009
- Alonzo Cook v. New York State Division of Parole, and New York State Board of ParoleCourt of Appeals for the Second Circuit · 2003
- Woodward v. ClineCourt of Appeals for the Tenth Circuit · 2012
- Kholi v. WallCourt of Appeals for the First Circuit · 2009
- Brown v. Secretary for Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2008
35 more not listed; retrieve them via the Exa API.