United States Seventh Circuit

A collateral post-conviction action may be "pending" in state court for purposes of tolling the statute of limitations for a habeas petition where further review could have been sought, but only if the original petition for review was properly filed.

Appellate Information

• Argued 05/18/2001
• Decided 09/07/2001
• Published 09/07/2001

Judges

• MANION, Circuit Judge., Before EASTERBROOK, MANION, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Pamela Pepper (argued), Milwaukee, WI, for Petitioner-Appellant.


• For Appellees:
  
• James M. Freimuth (argued), James E. Doyle, Office of the Atty. General, Wisconsin Dept. of Justice, Madison, WI, for Respondent-Appellee.