Supreme Court of the United States
Duncan v. Walker — Stevens, J., concurring
June 18, 2001533 U.S. 167
Summary
Justice Stevens, joined by Justice Souter, concurs with the Court’s judgment that 28 U.S.C. §2244(d)(2) applies only to State post‑conviction applications and not to federal habeas petitions. He adds observations that district courts may retain jurisdiction to stay proceedings pending exhaustion of state remedies and that equitable tolling of AEDPA’s one‑year limitations period remains permissible. The opinion does not alter the Court’s holding but offers guidance on equitable powers.