United States Seventh Circuit

District court judgment is affirmed where plaintiff's federal collateral attack of his murder conviction is untimely, as a state court's order denying a request for collateral review does not require the exclusion under 28 U.S.C. sec. 2244(d)(2) of time that passed before the state collateral proceeding began and the opening of a new window for federal collateral review, and thus plaintiff's time to file for federal relief expired in April 1997.

Appellate Information

• Argued 05/26/2009
• Decided 06/09/2009
• Published 06/09/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and BAUER and POSNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas L. Shriner, Jr., Attorney, William J. Katt, Jr., Attorney (argued), Foley & Lardner, Milwaukee, WI, for Petitioner-Appellant.


• For Appellees:
  
• Erin O'Connell (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.