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SMITH v. BATTAGLIA

No. 03-2996.

415 F.3d 649 (2005)

Jesse SMITH, Petitioner-Appellant, v. Deirdre BATTAGLIA, Respondent-Appellee,

United States Court of Appeals, Seventh Circuit.

Decided July 13, 2005.

Attorney(s) appearing for the Case

Michael J. Petro (argued), Chicago, IL, for Petitioner-Appellant.

Russell Kenneth Benton (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before POSNER, KANNE, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

Illinois inmate Jesse Smith has been pursuing a petition for a writ of habeas corpus under 28 U.S.C. § 2254, in the belief that his trial and appellate lawyers were ineffective in several ways. The district court dismissed the petition, however, on the ground that it was not filed within the one-year period provided by 28 U.S.C. § 2244(d). This conclusion followed from a statement by the Illinois Appellate Court that Smith's state post...

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