Walker v. Norris’s Empirical Analysis
436 F.3d 1026 · 2006
Citation profile
9 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Pace v. Superintendent State Correctional Institution at Graterford · Rhines v. Weber · Christopher Artuz Superintendent Green Haven Correctional Facility v. Tony Bruce Bennett · Carey Warden v. Saffold · Evans v. Chavis
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This court has “jurisdiction to review a district court’s ruling on ‘preliminary procedural issues, such as [a] limitations question’ [and] review[s] the district court’s interpretation of the one-year AEDPA limitation provision de novo.” Williams v. Bruton, 299 F.3d 981 , 982 (8th Cir.2002) (quoting Nichols [v. Bowersox ], 172 F.3d [1068,] 1070 n. 2 [ (8th Cir.1999) (en banc) ]). The AEDPA establishes a one-year statute of limitations for filing federal habeas corpus petitions which runs from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244 (d)(1)(A). The statute of limitations is tolled, however, while “a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending.” Id. § 2244(d)(2).”
1 later decision quote this exact passage · from the majoritye.g. Nelson v. Norris“An application is “filed,” as that term is commonly understood, when it is delivered to, and accepted by, the appropriate court officer for placement into the official record. And an application is “properly filed” when its delivery and acceptance are in compliance with the applicable laws and rules governing filings. These usually prescribe, for example, the form of the document, the time limits upon its delivery, the court and office in which it must be lodged, and the requisite filing fee.”
1 later decision quote this exact passage · from the majoritye.g. Runyan v. Burt“as untimely, it was not `properly filed,' and he is not entitled to statutory tolling under § 2244(d)(2)”
1 later decision quote this exact passage · from the majoritye.g. Finch v. Miller
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.