Wood v. Milyard
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|Case Term||OT 2011|
|Question Presented||(1) Whether an appellate court has the authority to raise sua sponte a 28 U.S.C. § 2244(d) statute of limitations defense; and (2) whether the state’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amounts to a deliberate waiver of any statute of limitations defense the state may have had.|
|Lower Court's Decision||1) Yes; and 2) No|
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Outcome - Reverse
This case was decided on 24 April, 2012.