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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.