United States Seventh Circuit

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OWENS v. BOYD, 00-1521

The timeliness of a state prisoner's petition for collateral relief from federal court is a question under 28 USC 2244, not under the Constitution, so an error in treating a collateral attack as untimely is not enough to support a certificate of appealability.

Appellate Information

  • Argued 11/15/2000
  • Decided 12/19/2000
  • Published 12/19/2000

Judges

  • EASTERBROOK, Circuit Judge., Before POSNER, EASTERBROOK, and KANNE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • James W. Reilley (argued), Arlington Heights, IL, for Petitioner-Appellant.

  • For Appellees:
  • Huma Khan (argued), William L. Browers, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.
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