· 3/13/2000
Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional Facility
Citations
- 208 F.3d 13
- 2000 U.S. App. LEXIS 3780
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 filing of state relief applications does not re-set the AEDPA statute of limitations period
- stating that the “tolling provision . . . does not reset the date from which the one-year statute of limitations begins to run”
- “[T]he one-year period is a statute of limitations rather than a jurisdictional bar so that courts may equitably toll the period.”
- statutory tolling provision does not reset date from which the one-year limitations periods begins to run
- listing cases denying equitable tolling
Source: CourtListener parenthetical corpus (CC0).
Judges: Pooler, McLaughlin, Sack
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.