What is the "mailbox rule" in the context of federal and state petitions?

MultiRegion, United States of America

The following excerpt is from White v. Stolc, No. 2:10-cv-03379 MCE KJN P (E.D. Cal. 2011):

2. Where appropriate, petitioner has been accorded the benefit of the "mailbox rule." See Rule 3(d), Rules Governing Section 2254 Cases in the United States District Courts (filing date is date of deposit in institution's internal mailing system); see also Campbell v. Henry, 614 F.3d 1056, 1059 (9th Cir. 2010) ("[t]he mailbox rule applies to federal and state petitions alike").

Other Questions


When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Is a pro se inmate entitled to use the prison mailbox rule in determining the constructive filing date of his state and federal habeas petitions? (MultiRegion, United States of America)
Does the mailbox rule apply in determining the date of filing of both a state and federal habeas petition? (MultiRegion, United States of America)
How have federal appeals courts reviewed state court rulings in the context of federal habeas proceedings? (MultiRegion, United States of America)
What is the current state and federal mailbox rule for filing in a federal criminal case? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
How has the prison mailbox rule been interpreted in federal and state court cases? (MultiRegion, United States of America)
Does a federal habeas petition alleging that a state has interpreted the meaning of the Fourteenth Amendment violate federal rights? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.