Free Newsletter
Criminal Procedure — habeas corpus — forfeiture
By: WISCONSIN LAW JOURNAL STAFF//April 24, 2012
U.S. Supreme Court
Criminal
Criminal Procedure — habeas corpus — forfeiture
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.
The Tenth Circuit abused its discretion when it dismissed Wood’s petition as untimely. In the District Court, the State was well aware of the statute of limitations defense available to it, and of the arguments that could be made in support of that defense. Yet, the State twice informed the District Court that it would not “challenge” the timeliness of Wood’s petition. In so doing, the State deliberately waived the statute of limitations defense. In light of that waiver, the Tenth Circuit should have followed the District Court’s lead and decided the merits of Wood’s petition.
403 Fed. Appx. 335, reversed and remanded.
Ginsburg, J.; Thomas, J., concurring.
Polls
Loading ...Legal News
- Corn mill owners plead to federal charges in fatal explosion, will pay $11.25 million
- From bananas to baby socks, lawyers stick to routines before arguments
- Colleges should step up their diversity efforts after affirmative action ruling, the government says
- Wisconsin Supreme Court won’t hear longshot case trying to head off impeachment
- Havana Syndrome hits CIA, Congress in Wisconsin, Russia takes credit
- Wisconsin woman gets life without parole for killing and dismembering ex-boyfriend
- Judge rules Donald Trump defrauded banks, insurers as he built real estate empire
- Wisconsin sues Amazon for illegally maintaining monopoly power
- Wisconsin state Senate’s chief clerk, former Legislative Council attorney, resigns following undisclosed allegation
- Watchdog files open meetings lawsuit against secret panel studying Wisconsin justice’s impeachment
- McCarthy allies press GOP holdouts
- States expand Medicaid dental coverage
WLJ People
- Evers appoints McElroy as Price County district attorney
- Evers appoints Ann Peacock to Dane County Circuit Court
- Michael Best appoints Sarah Alt to new role as chief process and AI officer
- Attorney Peter Baziano joins Murphy Desmond in its Business and Real Estate practice groups
- GRGB partner Karnes honored at Run for Justice
- DeWitt’s Miotke reappointed to SPD’s Board
- Hupy and Abraham wins award for ‘Behind the Handlebars’ video series
- Evers appoints trio to Milwaukee County Circuit Court
- Kubiak joins Amundsen Davis’ Business Litigation Service Group
- GRGB partners Jason Luczak, Nicole Masnica honored with Wisconsin Association of Criminal Defense Lawyers award
- Teuta Jonuzi, Joshua Hargrove promoted to equity partners at Tracey Wood & Associates
- Reinhart’s Taggatz joins International Association of Defense Counsel
