United States Seventh Circuit

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).

Appellate Information

• Decided 08/23/2002
• Published 08/23/2002

Judges

• EASTERBROOK, Circuit Judge., Before COFFEY, EASTERBROOK, and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• 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.