· 2/5/2003
David v. Hall
Citations
- 318 F.3d 343
- 2003 U.S. App. LEXIS 1961
- 2003 WL 245318
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that AEDPA §2244(b)(2)(B)(ii) is an example of Congress providing extra protection for claims of actual innocence
- noting that Congress did adopt a form of “actual innocence” test with regard to the statutory provisions governing the filing of second or successive petitions
- stating that it is not our place to “engraft an additional judge-made exception onto congressional language that is clear on its face”
- explaining that AEDPA’s one-year statute of limitations “is not even arguably unconstitutional” as applied to petitioner who “had ample time . . . in which to bring his claim within the statutory deadline”
- expressing skepticism as to whether a habeas petitioner’s actual innocence can override the AEDPA’s limitations period
- rejecting the contention that applying AEDPA’s statute of limitations period to persons who claim “actual innocence” amounts to a suspension of the writ
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Torruella, Lipez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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