United States Supreme Court

In a case in which the state twice informed the district court that it would "not challenge, but [was] not conceding," the timeliness of a prisoner's federal petition for habeas corpus, the U.S. Tenth Circuit Court of Appeals' dismissal of the petition as untimely is reversed, where: 1) courts of appeals, like district courts, have the authority--though not the obligation--to raise a forfeited timeliness defense on their own initiative in exceptional cases; but 2) the state deliberately waived the statute of limitations defense.

Appellate Information

• Decided 04/24/2012
• Published 04/24/2012

Judges

• Ginsburg

Court

• United States Supreme Court

Counsel