General
Wood v. Milyard, Warden, et al.
564 U.S. 1066·Supreme Court of the United States·2011
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Opinion
No. 10-9995.
Wood v. Milyard, Warden, et al.
[MAJORITY]
C. A. 10th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to the following questions: (1) Does an appellate court have the authority to raise sua sponte a 28 U. S. C. § 2244(d) statute of limitations defense? (2) Does the State’s declaration before the District Court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the State may have had?