Day v. McDonough

NACDL’s amicus curiae brief in support of petitioner.

Day v. McDonough

  • Case No.: 04-1324
  • Jurisdiction: United States Supreme Court
  • Brief Filed: November 30, 2005

Briefs

Argument(s)

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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