United States Seventh Circuit

District court's dismissal of defendant's request for habeas relief for his murder conviction as untimely is affirmed where: 1) a state proceeding is no longer pending once the state court has made its decision and the time to seek further review has expired; 2) the year prescribed by section 2244(d)(1) expired on November 17, 2006 and defendant's federal petition was 13 days late; and 3) defendant's counsel's negligence does not extend the time for filing a collateral attack.

Appellate Information

• Argued 04/05/2010
• Decided 07/22/2010
• Published 07/22/2010

Judges

• EASTERBROOK, C.J.

Court

• United States Seventh Circuit

Counsel