BROOKS v. WALLS, 01-1584
An Illinois court's determination that a petition is untimely, even where such a finding is potentially "entangled" with the merits of the petition, means that the state application was not "properly filed" for purposes of 28 U.S.C. section 2244(d)(2).
- Decided 08/23/2002
- Published 08/23/2002
- EASTERBROOK, Circuit Judge., Before COFFEY, EASTERBROOK, and RIPPLE, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- F. Neil MacDonald, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Petitioner-Appellant.
- For Appellees:
- Colleen M. Griffin, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.