United States Fourth Circuit

Under 28 USC 2244(d)(1), the one-year limitation period is an affirmative defense that the state bears the burden of asserting, and while a court may raise the issue on its own, it should allow the petitioner to respond before dismissing the petition.

Appellate Information

• Decided 01/14/2002
• Published 01/14/2002

Judges

• Before MICHAEL, TRAXLER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Justin Sanjeeve Antonipillai, Arnold & Porter, Washington, D.C., for Appellant.  Eugene Paul Murphy, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee.   ON BRIEF:  Joel M. Gulick, Arnold & Porter, Washington, D.C., for Appellant.  Mark L. Earley, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.