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WOOD v. MILYARD

Docket No.: 10-9995
Certiorari Granted: 09/27/11
Argued: February 27, 2012
Decided: 04/24/12

Topics:

Civil Procedure, Death Penalty, abuse of discretion, habeas, habeas corpus, murder, patent, waiver of a limitations defense

PartyNames: Patrick Wood v. Kevin Milyard, Warden, et al.
Petitioner: Patrick Wood
Respondent: Kevin Milyard, Warden, et al.

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 403 Fed. Appx. 335

Patrick Wood
v.
Kevin Milyard, Warden, et al.
Consideration Limited:

LIMITED TO THE FOLLOWING QUESTIONS: 1) DOES AN APPELLATE COURT HAVE THE AUTHORITY TO RAISE SUA SPONTE A 28 U.S.C. §2244(d) STATUTE OF LIMITATIONS DEFENSE? 2) DOES THE STATE'S DECLARATION BEFORE THE DISTRICT COURT THAT IT "WILL NOT CHALLENGE, BUT [IS] NOT CONCEDING, THE TIMELINESS OF WOOD'S HABEAS PETITION," AMOUNT TO A DELIBERATE WAIVER OF ANY STATUTE OF LIMITATIONS DEFENSE THE STATE MAY HAVE HAD?

Question Presented:

I. Given the plain directive in Day v. McDonough, 547 U.S. 198 (2006), that "[this Court] would count it an abuse of discretion to override a State's deliberate waiver of a limitations defense," and the general rule that an affirmative defense is forfeited when not asserted, did the circuit court reversibly err when it sua sponte raised a statutory limitations defense for the first time on appeal, even though the government had repeatedly represented in the district court that it was "not challenging" the timeliness of Mr. Wood's 28 U.S.C. § 2254 petition and the district court court ruled on the merits of petitioner's claims? II. Do the principles set forth by this Court in its unanimous decision in Kontrick v. Ryan, 540 U.S. 443 (2004) and it per curium decision in Eberhart v. United States, 546 U.S. 12 (2006), which hold that statutory limitations defenses are forfeited if not raised before the district court rules on the merits of the claim, apply with equal force to habeas proceedings?

Question:

1) Does an appellate court have the authority to raise the statute of limitations defense without a request by any party? 2) Does the state’s declaration before the district court that it "will not challenge, but [is] not conceding, the timeliness of Wood's habeas petition," amount to a deliberate waiver of any statute of limitations defense the state may have had?

WOOD v. MILYARD
ORAL ARGUMENT

02/27/12

Listen to Oral Argument in WOOD v. MILYARD
Holding: REVERSED AND REMANDED
Vote: 9-0
Majority: J.,Chief Justice Roberts,Kennedy,Breyer,Alito,Sotomayor,Kagan
Concurring: Thomas,Scalia
Opinion By:
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