Case Citator › Nichols v. Bowersox

Nichols v. Bowersox

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Eighth Circuit
Citation
172 F.3d 1068
Decided
Confirmed treatments
1
Flagged citations read
36 of 36
Citing cases (total)
36
Treatment dates
2008
Abrogated
A reviewed court treats this case as abrogated by later authority. Nichols v. Bowersox has been abrogated in part on when a Missouri conviction becomes final for federal habeas filing deadlines. The Eighth Circuit, sitting en banc in Riddle v. Kemna, rejected Nichols's automatic addition of 90 days to seek Supreme Court review when the prisoner had not sought review in the Missouri Supreme Court.
More on how this was screened

Later opinions continue applying Nichols's prison mailbox rule. All 36 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

36 later cases cite Nichols v. Bowersox; 36 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Nichols v. Bowersox?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The en banc court rejected Nichols's 90-day extension for prisoners who had not sought review in the Missouri Supreme Court.

    Riddle v. Kemna · Eighth Circuit, en banc · filed

    This court therefore abrogates the part of Nichols that includes the 90-day time period for filing for certiorari in all tolling calculations under the 28 U.S.C. § 2244(d)(1)(A).
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Nichols v. Bowersox and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace