United States Seventh Circuit

District court's dismissal of defendant's petition for habeas relief from his civil commitment as a sexually violent person based on a 1988 conviction for second degree sexual assault is reversed and remanded as defendant's petition is not barred by the one-year statute of limitation in 28 U.S.C. section 2244(d)(1), as the district court incorrectly interpreted defendant's petition to be a challenge to the original 1996 commitment order, rather than to the 2005 order continuing commitment.

Appellate Information

• Argued 04/23/2010
• Decided 12/09/2010
• Published 12/09/2010

Judges

• HIBBLER

Court

• United States Seventh Circuit

Counsel