Mardesich v. Cate, et al.

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Petitioner was convicted of first degree murder when she was 16 years old for her part in the murder of her boyfriend. Petitioner appealed the district court's dismissal of three claims in her federal habeas petition as untimely under the one-year statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244(d)(1). Because the court applied the AEDPA statute of limitations on a claim-by-claim basis, and because petitioner's three claims challenging a state administrative agency's order were filed nearly 18 months after the statute of limitations expired, the court affirmed the district court's dismissal. View "Mardesich v. Cate, et al." on Justia Law