· 12/19/2000
Shawn Owens v. William E. Boyd, Warden, Western Illinois Correctional Center
Citations
- 235 F.3d 356
- 2000 U.S. App. LEXIS 33123
- 2000 WL 1848455
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that facts behind petitioner’s claim that trial counsel was ineffective for making a “doomed coercion defense” was known at the time of trial
- noting that, under § 2244(d)(1)(D), the limitations period “begins when the prisoner knows (or through diligence could discover) the important facts, not when the prisoner recognizes their legal significance”
- explaining that the time limitation for federal habeas review begins when petitioner knows, or through due diligence could discover, the important facts, not when petitioner recognizes the facts’ legal significance
- rejecting prisoner’s assertion that the one-year period begins when he 17 “actually understands what legal theories are available”
- rejecting petitioner’s assertion that the one-year period begins when he “actually understands what legal theories are available”
- “Tolling [for a § 2254 petitioner] may be available when some impediment of a variety not covered in § 2244(d)(1) prevents the filing of a federal collateral attack.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Easterbrook, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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