U.S. Supreme Court
Apr. 26, 2012
High court rules in habeas case
Appeals courts cannot dismiss a habeas corpus petition for being filed too late if the state doesn't challenge its timeliness, the U.S. Supreme Court ruled Tuesday.
By Robert Iafolla
Daily Journal Staff Writer
WASHINGTON -- Appeals courts cannot dismiss a habeas corpus petition for being filed late if the state doesn't challenge the petition's timeliness, the U.S. Supreme Court ruled Tuesday. The unanimous reversal of the 10th U.S. Circuit Court of Appeals will give a Colorado man the chance to challenge his conviction for a fatal shooting during a 1986 robbery at a pizza shop. Wood v. Milyard, 10-9995. Still, the decision leaves some...
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