Circuit split · criminal procedure
Whether the one-year limitation period of 28 U.S.C. § 2255(f)(3) begins to run on the date the Supreme Court initially recognizes the asserted right or the date the right is held retroactively applicable to cases on collateral review.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Dodd v. United States365 F3D 1273
Eleventh Circuit Court of Appeals · April 16, 2004
“In that case, we identified the question as "whether the one-year limitation period begins to run on the date on which the right is initially recognized by the Supreme Court, or the date on which it is held retroactively applicable by the court of appeals or the Supreme Court[,]" and observed that: [t]here is a split among the circuits on how these questions should be answered.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
28 U.S.C. § 2255 — Federal custody; remedies on motion attacking sentence
“(a) A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. (b) Unless the motion and the files and records …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · 4th Cir.In re Vial115 F.3d 1192
“the limitations period has not yet begun to run,” In re Vial, 115 F.3d 1192 , 1197 n.” — Dodd v. United States, acknowledging the split
- DiscussedGarcia278 F.3d 1210
“In Garcia, a panel of, this Court recognized but did not decide the issue of when the § 2255(3) limitations period begins to run.” — Dodd v. United States, acknowledging the split
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.