NACDL - Day v. McDonough

Day v. McDonough

NACDL’s amicus curiae brief in support of petitioner.

Brief filed: 11/30/2005

Documents

Day v. McDonough

United States Supreme Court; Case No. 04-1324

Argument

The Federal Rules of Civil Procedure’s waiver rules apply to the habeas corpus provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Rule 4 of the Federal Rules Governing Section 2254 Cases does not give the U.S. District Court the power to dismiss a habeas petition on its own motion on grounds of untimeliness after it has ordered a response from the state and the state has conceded timeliness.

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