PACE v. DiGUGLIELMO

No. 03-9627.

544 U.S. 408 (2005)

PACE v. DiGUGLIELMO, SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT GRATERFORD, et al.

Supreme Court of United States.

Decided April 27, 2005.


Attorney(s) appearing for the Case

David W. Wycoff argued the cause for petitioner. With him on the briefs were Billy H. Nolas and Maureen Kearney Rowley.

Ronald Eisenberg argued the cause for respondents. With him on the brief were Thomas W. Dolgenos, John W. Goldsborough, Arnold H. Gordon, and Lynne Abraham.*

REHNQUIST, C.J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, and THOMAS, JJ., joined. STEVENS, J., filed a dissenting opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined, p. 419.


CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

The federal Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a 1-year statute of limitations for filing a federal habeas corpus petition. 28 U.S.C. § 2244(d)(1). That limitations period is tolled, however, while "a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or...

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