Carlos Jimenez v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division (555 U.S. 113)
U.S. Supreme Court · decided January 13, 2009 · Supreme Court Database (Spaeth)
- Citation
- 555 U.S. 113 · 129 S. Ct. 681
- Decided
- January 13, 2009
- Term
- October Term 2008
- Vote
- 9–0
- Majority author
- Justice Thomas
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Thomas delivered the opinion of the Court. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a 1-year time limitation for a state prisoner to file a federal habeas corpus petition. That year runs from the latest of four specified dates. 28 U. S. C. § 2244(d)(1). This case involves the date provided by § 2244(d)(1)(A), which is “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” Petitioner contends that “the date on which the judgment became final” can be postponed by a state court’s decision during collateral review to grant a defendant the right to file an out-of-time direct appeal. The District Court disagreed, holding instead that the date could not be moved to reflect the out-of-time appeal, and that petitioner’s federal habeas petition was untimely for that reason. The United States Court of Appeals for the Fifth Circuit denied a certificate of appealability. See § 2253(c). We now reverse the judgment of the Court of Appeals and remand for further proceedings consistent with this opinion. I After petitioner was sentenced for burglary in 1995, his attorney filed an appellate brief with the Texas Court of Appeals pursuant to Anders v. California, 386 U. S. 738 (1967), explaining that he was unable to identify any nonfrivolous ground on which to base an…
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