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· 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 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.