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DUNCAN v. WALKER

No. 00-121.

533 U.S. 167 (2001)

DUNCAN, SUPERINTENDENT, GREAT MEADOW CORRECTIONAL FACILITY v. WALKER

United States Supreme Court.

Decided June 18, 2001.

Attorney(s) appearing for the Case

Preeta D. Bansal, Solicitor General of New York, argued the cause for petitioner. With her on the briefs were Eliot Spitzer, Attorney General, Daniel Smirlock, Deputy Solicitor General, and David Axinn, Robert H. Easton, Robin Forshaw, and Martin A. Hotvet, Assistant Solicitors General.

Deborah Wolikow Loewenberg, by appointment of the Court, 531 U.S. 1066, argued the cause for respondent. With her on the brief were John H. Blume and Keir M. Weyble.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, and Thomas, JJ., joined. Souter, J., filed a concurring opinion, p. 182. Stevens, J., filed an opinion concurring in part and concurring in the judgment, in which Souter, J., joined, p. 182. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined, p. 185.

Justice O'Connor, delivered the opinion of the Court.

Title 28 U. S. C. § 2244(d)(2) (1994 ed., Supp. V) provides: "The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection." This case presents the question whether a federal habeas corpus petition is an "application for State postconviction...

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