Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional Center

How courts have described this case

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

• concluding that district court may not sua sponte dismiss habeas petition on limitation grounds without giving the prisoner notice and an opportunity to respond
• holding that a motion for reconsideration does not provide a habeas petitioner an adequate opportunity to be heard
• holding that habeas court had discretion to sua sponte dismiss habeas petition for untimeliness
• holding that “[e]ven though the limitations period is an affirmative defense, a federal habeas court has the power to raise affirmative defenses sua sponte, as the district court did in this case”
• holding that “[e]ven though the limitations period is an affirmative defense, a federal habeas court has the power to raise affirmative defenses sua sponte, as the district court did in this case”
• stating that “[t]he running of the one-year limitation period . . . is suspended” during the pendency of post-conviction or other collateral review

Source: CourtListener parenthetical corpus (CC0).