Day V. Mc Donough

Day V. Mc Donough

Day v. McDonough, 547 U.S. 198 (2006), is a United States Supreme Court case involving the one year statute of limitations for filing habeas corpus petitions that was established by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). In a 5-4 decision, the Court ruled that where the government has unintentionally failed to object to the filing of a petition after the AEDPA limitations period has expired, it is not an abuse of discretion for a district court to nevertheless sua sponte (on its own initiative) dismiss the petition on that basis.