What is the statute of limitations on a state prisoner habeas petition?
MultiRegion, United States of America
The following excerpt is from Noble v. Gastelo, 20-cv-2020-WQH (DEB) (S.D. Cal. 2021):
This Petition is subject to the Antiterrorism and Effective Death Penalty Act of 1996's (AEDPA) statute of limitations. See Wixom v. Washington, 264 F.3d 894, 895 (9th Cir. 2001) (Since April 24, 1996, state prisoner habeas petitions have been subject to the statute of limitations enacted as part of the [AEDPA].). Under 28 U.S.C. 2244(d)(1):
28 U.S.C. 2244(d)(1)(A)-(D).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the statute of limitations on habeas corpus petitions filed by state prisoners in federal courts? (MultiRegion, United States of America)
Can a federal court dismiss a state prisoner's federal habeas corpus petition on statute limitations grounds? (MultiRegion, United States of America)
What is the statute of limitations for filing a state habeas petition after a direct appeal has been denied? (MultiRegion, United States of America)
Does the statute of limitations apply to a second state habeas petition? (MultiRegion, United States of America)
Is a state habeas petition valid for purposes of the federal statute of limitations? (MultiRegion, United States of America)
Can a new state habeas petition revive the statute of limitations that had already expired? (MultiRegion, United States of America)
Does the statute of limitations apply to a state habeas petition? (MultiRegion, United States of America)
What is the applicable statute of limitations for a motion to obtain a certificate of service to prison officials for mailing a habeas petition? (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)
Can a state habeas corpus petition be revived if it was filed before the expiration of the statute of limitations? (MultiRegion, United States of America)
