Certiorari Granted in the United States Supreme Court

HABEAS CORPUS -- Federal

Wood v. Milyard
cert grt’d ___ U.S. ___;
___ S.Ct. ___; ___ L.E.2d ___
(#10-9995, 09-27-11), 89 CrL 866

 The United States Supreme Court granted certiorari on the issue of whether an appellate court has the authority to raise sua sponte a statute of limitations defense, and whether the state’s declaration in district court that it would not challenge, but was not conceding, the timeliness of the petitioner’s petition amounted to a waiver of any statute of limitations defense the state might have had.  The Tenth Circuit Court of Appeals held that the petition was untimely.