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SMITH v. STEIN

No. 18-7239.

982 F.3d 229 (2020)

Phillip Vance SMITH, II, Petitioner-Appellant, v. Josh STEIN; Erik A. Hooks, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 2020.

Attorney(s) appearing for the Case

Ashley P. Peterson , Brian D. Schmalzbach , MCGUIREWOODS LLP, Richmond, Virginia, for Appellant. Joshua H. Stein , Attorney General, Sandra Wallace-Smith , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Niemeyer and Judge Richardson joined.

Phillip Vance Smith, II, appeals the dismissal of his 28 U.S.C. § 2254 petition as untimely. Smith contends that McCoy v. Louisiana, ___ U.S. ___, 138 S.Ct. 1500, 200 L.Ed.2d 821 (2018), extended his limitations period by recognizing a new constitutional right retroactively...

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