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WOOD v. MILYARD

No. 10-9995.

132 S.Ct. 1826 (2012)

182 L.Ed.2d 733

Patrick WOOD, Petitioner v. Kevin MILYARD, Warden, et al.

Supreme Court of United States.

Decided April 24, 2012.

Attorney(s) appearing for the Case

Kathleen A. Lord, Denver, CO, for Petitioner.

Daniel D. Domenico, Solicitor General, for Respondents.

Melissa Arbus Sherry for the United States as amicus curiae, by special leave of the Court, supporting the Respondents.

Raymond P. Moore, Federal Public Defender, Kathleen A. Lord, Assistant Federal Public Defender, Counsel of Record, Denver, CO, for Petitioner.

William S. Consovoy, Thomas R. McCarthy, J. Michael Connolly, Wiley Rein LLP, Washington, DC, John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Counsel of Record, John D. Seidel, John J. Fuerst III, Senior Assistant Attorneys General, Denver, CO, for Respondents.

Raymond P. Moore, Federal Public Defender, Kathleen A. Lord, Assistant Federal Public Defender, Counsel of Record, Denver, CO, for Petitioner.

Justice GINSBURG delivered the opinion of the Court.

This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed the U.S. District Court that it "[would] not challenge, but [is] not conceding, the timeliness of Wood's habeas petition." App. 70a; see id., at 87a. Thereafter, the...

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