George Duncan, Superintendent, Great Meadow Correctional Facility v. Sherman Walker (533 U.S. 167)
U.S. Supreme Court · decided June 18, 2001 · Supreme Court Database (Spaeth)
- Citation
- 533 U.S. 167 · 121 S. Ct. 2120
- Decided
- June 18, 2001
- Term
- October Term 2000
- Vote
- 7–2
- Majority author
- Justice O'Connor
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. Title 28 U. S. C. § 2244(d)(2) (1994 ed., Supp. V) provides: “The 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 a federal habeas corpus petition is an “application for State post-conviction or other collateral review” within the meaning of this provision. I In 1992, several judgments of conviction for robbery were entered against respondent Sherman Walker in the New York state courts. The last of these convictions came in June 1992, when respondent pleaded guilty to robbery in the first degree in the New York Supreme Court, Queens County. Respondent was sentenced to 7 to 14 years in prison on this conviction. Respondent unsuccessfully pursued a number of state remedies in connection with his convictions. It is unnecessary to describe all of these proceedings herein. Respondent’s last conviction was affirmed on June 12, 1995. Respondent was later denied leave to appeal to the New York Court of Appeals. Respondent also sought a writ of error coram nobis, which the Appellate Division denied on March 18,1996. Respondent’s last conviction became final in April 1996, prior to the April 24, 1996,…
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