Christopher Artuz, Superintendent, Green Haven Correctional Facility v. Tony Bruce Bennett (531 U.S. 4)
U.S. Supreme Court · decided November 7, 2000 · Supreme Court Database (Spaeth)
- Citation
- 531 U.S. 4 · 121 S. Ct. 361
- Decided
- November 7, 2000
- Term
- October Term 2000
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Scalia delivered the opinion of the Court. Section 2244(d)(2) of Title 28 U. S. C. (1994 ed., Supp. IV) provides that “[tjhe time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.” This case presents the question whether an application for state postconviction relief containing claims that are procedurally barred is “properly filed” within the meaning of this provision. I After a 1984 jury trial in the Supreme Court of New York, Queens County, respondent was convicted of attempted murder, criminal possession of a weapon, reckless endangerment, criminal possession of stolen property, and unauthorized use of a motor vehicle. The Appellate Division affirmed, and the New York Court of Appeals denied leave to appeal. After unsuccessfully pursuing state postconvietion relief in 1991, respondent in 1995 moved pro se to vacate his judgment of conviction. On November 30, 1995, the state trial court denied the motion in an oral decision on the record; no reasons were given. Respondent claims never to have received a copy of a written order reflecting the denial, despite several written requests. In February 1998, respondent filed a petition for writ of habeas corpus in the United States District Court…
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