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February 21, 2007
SCOTUS Shows It Is Serious About One Year Filing Deadlines
From washingtonpost.com: The Supreme Court ruled Tuesday in Lawrence v Florida that a Florida death row prisoner lost an opportunity to challenge his conviction in the federal court system because he missed a one-year filing deadline.
In a 5-4 decision, the justices sided with the state of Florida against inmate Gary Lawrence, who faces execution for murdering a man who had moved in with Lawrence's wife.
Under the federal Anti-terrorism and Effective Death Penalty Act of 1996, death row inmates have one year after a conviction becomes final in state courts to petition the federal system to review the case.
Lawrence's lawyers say they stopped the clock from running on the state's one-year time limit by petitioning the U.S. Supreme Court. A majority of the court rejected that argument.
Writing for the majority, Justice Clarence Thomas said the language of the law is clear and that the approach favored by lawyers for the death row inmate "would provide incentives for state prisoners to file ... as a delay tactic ... regardless of the merit of the claims asserted."
In dissent, Justice Ruth Bader Ginsburg said rejecting Lawrence's arguments is "neither a necessary nor a proper interpretation" of the law. Rest of Article. . . [Mark Godsey]
February 21, 2007 in Supreme Court | Permalink
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I am a layman, involved in a Harassment case - I am now appealing to the Superior Court in Philadelphia, Pa. I have received an Order for Statement of Matters complained of on Appeal from the Trial Court Judge, and also, the Docketing Statment from the Superior Court.
Questions since I am obliged to handle the case myself. What is a Dugger Statement? Tried to dicipher that one - hard. Could anyone show me the way to get assistance on these statements? I have a thought about Impeaching the so called victim on his testimony. What about perjury? If someone deliberately lies about someone and it can be proven - can all of his statement then be Impeached and discarded? I am in Florida, but, my case is in Pa. I am working hard since both have to be turned in by the 28th of February. Any help out there? I am a female Veteran, and I am disabled. The Prof. used my disability against me, Thanks Sheilah Spencer
Posted by: sheilah Spencer | Feb 21, 2007 6:40:38 PM














