Wednesday, January 11, 2006
On January 10th, SCOTUS released the following decisions (from BNA.com):
1. United States v. Georgia, Nos. 04-1203 & 04-1236 -- Title II of the Americans with Disabilities Act validly abrogates state sovereign immunity insofar as it gives a disabled prisoner a private cause of action for money damages for the state's alleged violation of rights secured by the 14th
Amendment. Decision here.
2. Evans v. Chavis, No. 04-721 -- The U.S. Court of Appeals for the Ninth Circuit erred in determining that a California prisoner's request for state appellate review, made more than three years after a state court denied collateral relief, was within a "reasonable time" so as to render it
timely under state law and thus effective to toll the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations on the prisoner's federal habeas corpus petition filed while the state appeal was pending. Decision here. [Mark Godsey]