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DE JESUS v. ACEVEDO

No. 07-3672.

567 F.3d 941 (2009)

Hector DE JESUS, Petitioner-Appellant, v. Gerardo ACEVEDO, Warden of Hill Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 2009.

Attorney(s) appearing for the Case

Thomas L. Shriner, Jr., Attorney, William J. Katt, Jr., Attorney (argued), Foley & Lardner, Milwaukee, WI, for Petitioner-Appellant.

Erin O'Connell (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before EASTERBROOK, Chief Judge, and BAUER and POSNER, Circuit Judges.

EASTERBROOK, Chief Judge.

Hector de Jesus, who in 1991 was convicted of murder, contends that a federal collateral attack in 2007 is timely because a state court accepted, and rejected on the merits, a collateral attack he filed in 2000. Yet the time to file for federal relief expired in April 1997 (one year after the Antiterrorism and Effective Death Penalty Act became law). A state court's later refusal to upset a conviction does not open a new window for federal...

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