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Supreme Court· 4/27/2005

Pace v. DiGuglielmo

Citations

  • 544 U.S. 408
  • 125 S. Ct. 1807
  • 161 L. Ed. 2d 669
  • 2005 U.S. LEXIS 3705
  • 5 Cal. Daily Op. Serv. 3526
  • 73 U.S.L.W. 4304
  • 18 Fla. L. Weekly Fed. S 250

How courts have described this case

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

  • holding that untimely state postconviction motions are not considered \properly filed\ for purposes of AEDPA
  • holding that untimely state postconviction motions are not considered “properly filed” for purposes of AEDPA
  • holding that a PCRA petition found to be not timely was not “properly filed” so as to trigger AEDPA’s statutory toll
  • recognizing that, 26 if a PCR petition is untimely under state law, the federal limitations period would not be 27 tolled
  • holding that an untimely filed Pennsylvania PCRA petition was not a “properly filed application” under AEDPA
  • holding that the burden is on the petitioner to demonstrate a basis for equitable tolling

Source: CourtListener parenthetical corpus (CC0).

Judges: Rehnquist, O'Con-Nor, Scalia, Kennedy, Thomas, Stevens, Souter, Ginsburg, Breyer

Read full opinion on CourtListener

Cited by

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

Cites

16 cases in this archive are cited by this case.

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.