Statute of limitations: federal habeas petition: Wood
filed a federal habeas petition in 2008; Courts of appeals, like district
courts, have the authority—though not the obligation—to raise a forfeited
timeliness defense on their own initiative in exceptional cases; “ordinarily in
civil litigation, a statutory time limitation is forfeited if not raised in a
defendant’s answer or in an amendment thereto.” Day v. McDonough,
547 U. S. 198, 202. An affirmative defense, once forfeited, is excluded from
the case and, as a rule, cannot be asserted on appeal.
In Granberry v.
Greer, 481 U. S. 129, 133, this
Court recognized a modest exception to the rule that a federal court will not
consider a forfeited defense. There, the Seventh Circuit addressed a nonexhaustion
defense the State raised for the first time on appeal. The exhaustion
doctrine, this Court noted, is founded on concerns broader than those of the
parties; in particular, the doctrine fosters respectful, harmonious relations
between the state and federal judiciaries. Id., at 133–135. With that comity interest in mind, the Court
held that federal appellate courts have discretion to consider a nonexhaustion
argument inadvertently overlooked by the State in the district court. Id. at 132, 134.
In Day,
the Court affirmed a federal district court’s authority to consider a forfeited
habeas defense when extraordinary circumstances so warrant. 547 U. S., at 201.
The State in Day, having
miscalculated a time span, erroneously informed the District Court that Day’s
habeas petition was timely. Apprised of the error by a Magistrate Judge, the
District Court, sua sponte, dismissed
the petition as untimely. This Court affirmed, holding that “district courts
are permitted, but not obliged, to consider, sua sponte, the timeliness of a state prisoner’s habeas
petition.” Id., at 209. Such
leeway was appropriate, the Court again reasoned, because AEDPA’s statute of
limitations, like the exhaustion doctrine, “implicates values beyond the
concerns of the parties.” Id., at
205.
The Court clarified, however, that a federal court
does not have carte blanche to
depart from the principle of party presentation. See Greenlaw v. United
States, 554 U. S. 237, 243–244. It would be “an abuse of discretion” for
a court “to override a State’s deliberate waiver of a limitations defense.” Day, 547 U. S., at 202. In Day itself, the State’s timeliness
concession resulted from “inadvertent error,” id., at 211, not a deliberate decision to proceed to the merits.
Consistent with Granberry
and Day, the Court
declines to adopt an absolute rule barring a court of appeals from raising, on
its own motion, a forfeited timeliness defense. The institutional interests
served by AEDPA’s statute of limitations are also present when a habeas case
moves to the court of appeals, a point Granberry
recognized with respect to a nonexhaustion defense; the Tenth Circuit
abused its discretion when it dismissed Wood’s petition as untimely. In the
District Court, the State was well aware of the statute of limitations defense
available to it, and of the arguments that could be made in support of that
defense. Yet, the State twice informed the District Court that it would not
“challenge” the timeliness of Wood’s petition. In so doing, the State deliberately
waived the statute of limitations defense. In light of that waiver, the Tenth
Circuit should have followed the District Court’s lead and decided the merits
of Wood’s petition (U.S.S.Ct., 24.04.12, Wood v. Milyard, J. Ginsburg).
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