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Name: Artuz v. Bennett
Case #: x
Court: US Supreme Court
District USSup
Opinion Date: 11/07/2000
Subsequent History: cross-cites: 121 S.Ct. 361; 148 L.Ed.2d 213

28 U.S.C. § 2244(d) tolls the one-year limitations period set forth in the Antiterrorist and Effective Death Penalty Act of 1996. The limitations are tolled for the time during which a properly filed application for state post-conviction or other collateral review is pending. Distinguishing between claims that have been properly presented or raised, and applications which are “properly filed,” which is the language used in section 2244(d), the U.S. Supreme court held that Bennett’s petition was properly filed, even though it contained claims for relief that were procedurally barred under New York law. The New York law applicable here requires a state court to deny a claim under certain circumstances. The New York law does not purport to set forth a “filing” condition rather than a condition for obtaining relief.