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.
- Argued 11/15/2000
- Decided 12/19/2000
- Published 12/19/2000
- EASTERBROOK, Circuit Judge., Before POSNER, EASTERBROOK, and KANNE, Circuit Judges.
- United States Seventh Circuit
- 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.