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DUNCAN v. WALKER

United States Supreme Court No. 00-121

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QUESTION PRESENTED: Whether a prior federal habeas corpus petition is an "application for State post-conviction or other collateral review" within the meaning of 28 U. S. C. §2244(d)(2), which provides that the one-year statute of limitations for federal habeas corpus petitions set forth in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is tolled during the pendency of such an application.

ORAL ARGUMENT DATE: Pending

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

Parts I and II

I. Unless tolling applies, the last day to file a petition for writ of habeas corpus was April 24, 1997

II. The language and history of the statute indicate that only state petitions toll the limitations period

A. Language
B. History

Part III - Conclusion

III. The purpose of the AEDPA is best served by not allowing tolling for prior federal petitions

IV. Equitable tolling is available to deal with harsh results in pre-Bennett cases

Conclusion