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Wood v. Milyard

/Criminal Procedure /Wood v. Milyard

566 U.S. 463 (2012)

A 2012 United States Supreme Court opinion in which the Court held that federal courts of appeals have the authority to raise, sua sponte, a forfeited timeliness defense to a habeas petition.  However, since the State deliberately had waived its statute of limitations defense, the Court held that the Tenth Circuit abused its discretion when it dismissed the petition as untimely.

Tagged: criminal procedurehabeas corpushabeas petitionsstatute of limitations
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