· 6/9/2009
De Jesus v. Acevedo
Citations
- 567 F.3d 941
- 2009 U.S. App. LEXIS 12322
- 2009 WL 1586762
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that disposition of a state collateral attack does not reset the federal clock
- explaining that “§ 2244(d) is an independent federal rule; a state’s latitude or lassitude with respect to time does not extend the [one-year limitations period]”
- explaining that a state proceeding beginning after the federal one-year deadline has passed is irrelevant and does not toll the limitations period
- rejecting the argument that subsequent state proceedings \restart\ or \retroactively toll\ an expired limitations period
- “[A] state proceeding that does not begin until the federal year has expired is irrelevant.”
- “[A] state proceeding that does not begin until the federal year has expired is irrelevant.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Bauer, Posner
Read full opinion on CourtListenerSourced 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.