Stephen M. Nardi v. Terry Stewart, Director

How courts have described this case

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

• holding that the statute of limita- tions set forth in 28 U.S.C. § 2244(d)(1)(A) is an affirmative defense “that the state waives . . . by filing a responsive plead- ing that fails to affirmatively set forth the defense”
• noting that when respondent makes no mention it its brief of certain issues that have been raised, respondent effectively waives the arguments
• noting that when respondent makes no mention it its brief of certain issues that have been raised, respondent effectively waives the arguments
• reaffirming Herbst’s holding that a district court may raise sua sponte the limitations defense, but narrowing the time period in which the court can do so
• reaffirming Herbst’s holding that a district court may raise sua sponte the limitations defense, but narrowing the time period in which the court can do so

Source: CourtListener parenthetical corpus (CC0).