United States Seventh Circuit

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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).

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.