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Day v. McDonough, No. 04-1324 (U.S. Supreme Court) (547 U.S. 198; 126 S.Ct. 1675) (April 25, 2006) (Justice Ginsburg)

Here the Court held that a federal court has the authority, on its own initiative, to correct the state's error and dismiss a habeas petition as untimely, once the State has answered the petition without contesting its timeliness.

This is still another of the seemingly endless stream of cases defining ...

 

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