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(DOWNLOAD) "Powell v. Davis" by United States Court of Appeals for the District of Columbia Circuit. # eBook PDF Kindle ePub Free

Powell v. Davis

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eBook details

  • Title: Powell v. Davis
  • Author : United States Court of Appeals for the District of Columbia Circuit.
  • Release Date : January 19, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Indiana prisoner Raymond Powell is trying to mount a collateral attack under 28 U.S.C. § 2254 on his conviction for attempted murder. The underlying constitutional issue he would like to raise is a due process challenge to the jury instructions that the trial court gave. Before we can reach that question, however, there is an antecedent procedural problem: whether Powells § 2254 petition was filed beyond the time period permitted by federal law. See 28 U.S.C. § 2244(d). The district court concluded that it was indeed time-barred, and dismissed the petition on that ground. This court certified for appeal both the timeliness question and the due process argument. We now affirm the dismissal of the § 2254 petition as untimely.


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