· 8/28/2000
Petra E. Hernandez v. Carol Caldwell Mack Jarvis
Citations
- 225 F.3d 435
- 2000 U.S. App. LEXIS 21956
- 2000 WL 1218361
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that for convictions which became final prior to April 24, 1996, the limitations period under 28 U.S.C. § 2244(d) begins to run on April 25, 1996 and expires on April 24, 1997
- finding the AEDPA’s effective date was April 24, 1996, and “the actual count on the limitations period began on April 25, 1996,” the following day
- finding the AEDPA’s effective date was April 24, 1996, and “the actual count on the limitations period began on April 25, 1996,” the following day
- finding the AEDPA’s effective date was April 24, 1996, and “the actual count on the limitations period began on April 25, 1996,” the following day
- applying the anniversary date method in calculating the one-year limitation period in § 2244 and concluding that “the actual count on the limitations period began on April 25, 1996, and ended on April 24, 1997, excluding any time tolled”
- “When a statute of limitations is measured in years, the last day for instituting the action is the anniversary date of the start of the limitations period.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Michael, Traxler
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.