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Seventh Circuit· 11/19/2012

Elliot Ray v. Marc Clements

Citations

  • 700 F.3d 993
  • 2012 U.S. App. LEXIS 23725
  • 2012 WL 5835251

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the prison mailbox rule applies to a prisoner’s state post-conviction filings for the purpose of AEDPA’s statute of limitations unless the state has clearly rejected the rule
  • holding that when a petitioner’s post-conviction motion is not received by the court, the petitioner must submit a sworn statement and corroborating evidence to support his claim that he timely delivered the filing to a prison official
  • holding prison mailbox rule applies to petitions for state postconviction relief unless state law clearly rejects it
  • holding prison mailbox rule applies to petitions for state postconviction relief unless state law clearly rejects it
  • holding prison mailbox rule applies to petitions for state postconviction relief unless state law clearly rejects it
  • noting that generally, the party raising an affirmative defense bears the burden of proof

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Manion, Williams

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

64 cases in this archive are cited by this case; the 20 most cited are listed.

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.