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Fifth Circuit· 1/6/1999

Kiser v. Johnson

Citations

  • 163 F.3d 326
  • 1999 U.S. App. LEXIS 84
  • 1999 WL 199

How courts have described this case

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

  • The Court has a duty to screen out frivolous habeas applications eliminating respondent's burden to file an unnecessary answer
  • “In holding that Fed. R. Civ. P. 8(c) does not bar sua sponte consideration of the AEDPA’s statute of limitations provision, we follow a long line of precedent establishing the authority of courts to raise non- jurisdictional defenses sua sponte in habeas cases.”
  • “In holding that Fed. R. Civ. P. 8(c) does not bar sua sponte consideration of the AEDPA’s statute of limitations provision, we follow a long line of precedent establishing the authority of courts to raise non- jurisdictional defenses sua sponte in habeas cases.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Davis, Barksdale

Read full opinion on CourtListener

Cited by

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

Cites

14 cases in this archive are cited by this case.

Other cases named Kiser v. Johnson

1 other CourtListener record shares this case name.

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.