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FRASCH v. PEGUESE

No. 04-6902.

414 F.3d 518 (2005)

Douglas Alan FRASCH, Petitioner-Appellant, v. James PEGUESE, Warden; J. Joseph Curran, Jr., The Attorney General of the State of Maryland, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 7, 2005.

Attorney(s) appearing for the Case

ARGUED: David Warren Lease, Smith, Lease & Goldstein, L.L.C., Rockville, Maryland, for Appellant. Mary Ann Rapp Ince, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland, for Appellees.

Before NIEMEYER and MICHAEL, Circuit Judges, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge WILSON concurred. Judge NIEMEYER wrote a dissenting opinion.

MICHAEL, Circuit Judge.

This is an appeal from the dismissal of a federal habeas corpus petition as untimely under a limitations provision in the Anti-Terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2244(d)(1)(A), which requires that a petition be filed within one year of the conclusion...

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