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Powell v. Davis

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eBook details

  • Title: Powell v. Davis
  • Author : United States Court of Appeals for the District of Columbia Circuit.
  • Release Date : January 19, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Indiana prisoner Raymond Powell is trying to mount a collateral attack under 28 U.S.C. ร‚§ 2254 on his conviction for attempted murder. The underlying constitutional issue he would like to raise is a due process challenge to the jury instructions that the trial court gave. Before we can reach that question, however, there is an antecedent procedural problem: whether Powells ร‚§ 2254 petition was filed beyond the time period permitted by federal law. See 28 U.S.C. ร‚§ 2244(d). The district court concluded that it was indeed time-barred, and dismissed the petition on that ground. This court certified for appeal both the timeliness question and the due process argument. We now affirm the dismissal of the ร‚§ 2254 petition as untimely.


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