Artuz v. Bennett, 531 U.S. 4, 2 (2000)

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Cite as: 531 U. S. 4 (2000)

Opinion of the Court

John M. Castellano argued the cause for petitioner. With him on the briefs were Richard A. Brown and Gary S. Fidel.

Dan Schweitzer argued the cause for the State of Florida et al. as amici curiae urging reversal. With him on the brief were Robert A. Butterworth, Attorney General of Florida, Carolyn M. Snurkowski, Assistant Deputy Attorney General, Denise O. Simpson, Assistant Attorney General, and John M. Bailey, Chief State's Attorney of Connecticut, joined by the Attorneys General for their respective States as follows: Bruce M. Botelho of Alaska, Mark Pryor of Arkansas, Ken Salazar of Colorado, M. Jane Brady of Delaware, Thurbert E. Baker of Georgia, James E. Ryan of Illinois, Richard P. Ieyoub of Louisiana, Michael C. Moore of Mississippi, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Heidi Heitkamp of North Dakota, Betty Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Charles M. Condon of South Carolina, Mark Barnett of South Dakota, Jan Graham of Utah, and Mark L. Earley of Virginia.

Alan S. Futerfas argued the cause for respondent. With him on the brief were John H. Blume and Keir M. Weyble.

Justice Scalia delivered the opinion of the Court. Section 2244(d)(2) of Title 28 U. S. C. (1994 ed., Supp. IV) provides that "[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection." This case presents the question whether an application for state postconviction relief containing claims that are procedurally barred is "properly filed" within the meaning of this provision.

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After a 1984 jury trial in the Supreme Court of New York, Queens County, respondent was convicted of attempted mur-

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