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Editor: Kevin Cole
Univ. of San Diego School of Law

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Tuesday, March 22, 2005

Supreme Court Oral Argument Today in Habeas Case

Today, the Supreme Court will hear oral arguments in Dodd v. U.S., 04-5286.  Question presented:  Does the one-year limitations period in 28 U.S.C. § 2255 ¶ 6(3) begin to run (i) when either the Supreme Court or the controlling circuit court has held that the relevant right applies retroactively to cases on collateral review (as the 3rd, 4th, 6th, 7th, and 9th circuits hold), or instead (ii) when the Court recognizes a new right, whether or not it is made retroactively applicable to cases on collateral review (as the 5th and 11th circuits hold, and the 2nd and 8th circuits have stated in dicta)?  Details . . .   [Mark Godsey]

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