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Duncan v. Walker

Docket No.: 00-121
Certiorari Granted: Nov 13 2000
Argued: March 26, 2001
Decided: June 18, 2001

Topics:

28 USC 2241-2255 (habeas corpus), Criminal Procedure, Habeas Corpus, Comity, Death Penalty, RICO, habeas, habeas corpus

PartyNames: Facility v. Sherman Walker
Petitioner: Facility
Respondent: Sherman Walker

Court Below: United States Court of Appeals for the Second Circuit
Citation: 208 F.3d 357
Lower Court Decision
Supreme Court Docket

Facility
v.
Sherman Walker
533 U.S. 167 (2001)
Question:

Is a federal habeas corpus petition is an "application for State post- conviction or other collateral review" within the meaning of 28 USC section 2244(d)(2), such that the one-year statute-of-limitations period under the Antiterrorism and Effective Death Penalty Act is tolled?

Duncan v. Walker
ORAL ARGUMENT

March 26, 2001

Holding: reversed and remanded
Decision: Decision: 7 votes for Duncan, 2 vote(s) against
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