What is the prison mailbox rule used to determine the filing date of a habeas petition?
MultiRegion, United States of America
The following excerpt is from Davis v. Lackner, No. 2:13-cv-1914 MCE AC P (E.D. Cal. 2014):
1. The prison mailbox rule was used in determining the filing date of all of petitioner's state and federal habeas petitions. See Houston v. Lack, 487 U.S. 266 (1988).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the court need to consider the "prison mailbox rule" in determining whether a petition was delivered to the prison on the same date as the petition was filed? (MultiRegion, United States of America)
Is a pro se inmate entitled to use the prison mailbox rule in determining the constructive filing date of his federal habeas petition? (MultiRegion, United States of America)
Is a pro se inmate entitled to use the prison mailbox rule in determining the constructive filing date of his state and federal habeas petitions? (MultiRegion, United States of America)
How has the prison mailbox rule been used in determining the filing date of a habeas petition? (MultiRegion, United States of America)
Is a pro se prisoner's filing of a state habeas petition deemed a "mailbox" when it is delivered to the prison authorities for forwarding to the clerk of the court? (MultiRegion, United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
How does the date of a certificate of service for the first state habeas petition be determined based on the prison mailbox rule? (MultiRegion, United States of America)
What is the date for filing a state habeas petition against a prison mailbox? (MultiRegion, United States of America)
Does the mailbox rule apply in determining the date of filing of both a state and federal habeas petition? (MultiRegion, United States of America)
Does a dismissal of a second habeas petition require the petitioner to file a second petition? (MultiRegion, United States of America)
