United States Seventh Circuit

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.