Wood v. Milyard

C. A. 10th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to the following questions: (1) Does an appellate court have the authority to raise sua sponte a 28 U. S. C. § 2244 (d) statute of limitations defense? (2) Does the State’s declaration before the District Court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the State may have had?