United States Tenth Circuit
Kilgore v. Attorney Gen. of the State of Colorado, 07-1014
A district court cannot dismiss a habeas petition as untimely unless untimeliness is clear from the face of the petition, or unless the state establishes untimeliness as an affirmative defense.
Appellate Information
- Decided 03/11/2008
- Published 03/12/2008
Judges
- LUCERO, Circuit Judge., Before LUCERO, MURPHY, and HARTZ, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Rudy E. Verner (Geoffrey C. Klingsporn, with him on the briefs), Davis Graham & Stubbs, LLP, Denver, Colorado, for the Petitioner-Appellant.
- For Appellees:
- Laurie A. Booras, Colorado Attorney General's office, Denver, Colorado, for the Respondents-Appellees.