The Supreme Court issued an orders list today and granted cert. in a habeas case. It's entitled Wood v. Milyard, 10-9995. The issues (taken from the order list) are:
1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense? 2) Does the State’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the State may have had?
It will be added to the Supreme Court page shortly.
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