Does the limitations period apply to a request for collateral review in a federal court?

MultiRegion, United States of America

The following excerpt is from Madrigal v. Macomber, Case No. 1:14-cv-01436-LJO-SAB (HC) (E.D. Cal. 2015):

3. Although the limitations period tolls while a properly filed request for collateral review is pending in state court, 28 U.S.C. 2244(d)(2), it does not toll for the time a federal habeas petition is pending in federal court. Duncan v. Walker, 531 U.S. 991 (2001).

Other Questions


Does the limitation period apply to a request for collateral review in a federal court? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the limitation period for a request for collateral review in a federal habeas petition? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
Is a federal right of action for which no statute of limitations is provided subject to the limitations period which the forum state applies? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.