Dismissal of habeas relief as untimely reversed

Martin v. Bartow, 09-2947, concerned a challenge to the district court’s dismissal of defendant’s petition for habeas relief from his civil commitment as a sexually violent person based on a 1988 conviction for second degree sexual assault.  In reversing, the court remanded the case in concluding that defendant’s petition is not barred by the one-year statute of limitation in 28 U.S.C. section 2244(d)(1), as the district court incorrectly interpreted defendant’s petition to be a challenge to the original 1996 commitment order, rather than to the 2005 order continuing commitment.

Related Link:

  • Read the Seventh Circuit’s Full Decision in Martin v. Bartow, 09-2947

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