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Simms v. Acevedo

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ARGUED APRIL 13, 2009

Before CUDAHY, POSNER, and TINDER, Circuit Judges.

Before us is Darryl Simms’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Like so many habeas cases, this one turns not on principles of constitutional or criminal law, but on state procedural requirements. At issue are two petitions that Simms filed in Illinois state court. If either was properly filed when Simms contends it was, his federal petition for habeas corpus is timely and should be addressed on the merits. But if not, Simms’s federal petition is barred by the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2244(d)(1), unless his circumstances merit equitable tolling of the limitations period.

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