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United States Seventh Circuit


Smith v. Battaglia, 03-2996

Dismissal of plaintiff's petition for a writ of habeas corpus is reversed where the district court erred in determining that the claim was not filed within the one-year period provided by 28 U.S.C. section 2244(d).

Appellate Information

  • Argued 10/05/2004
  • Decided 07/13/2005
  • Published 07/13/2005

Judges

  • WOOD, Circuit Judge., Before POSNER, KANNE, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Michael J. Petro (argued), Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Russell Kenneth Benton (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.
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