Bradley Arant Win in U.S. Supreme Court
On Monday, November 5, Bradley Arant partner Kevin C. Newsom scored a 7-2 victory in the United States Supreme Court. In its first published opinion of the Term, the Court held that an untimely state post-conviction petition is not "properly filed" within the meaning of the federal habeas corpus statute's tolling provision and, further, that in making the proper-filing determination, it is irrelevant whether the applicable state time bar operates as a jurisdictional barrier to suit or, instead, as an affirmative defense. In so holding, the Court summarily reversed the Eleventh Circuit's decision to the contrary. The decision is Allen v. Siebert, ___ S. Ct. ___, 2007 WL 3238767 (Nov. 5, 2007). Bradley Arant associate Andrew Brasher assisted on the case. For more information about Bradley Arant's Appellate Litigation Group, which handles cases in the U.S. Supreme Court, the U.S. Courts of Appeals, and state appellate courts, contact either Kevin C. Newsom or Matthew H. Lembke.