Mike Evans, Acting Warden v. Reginald Chavis (546 U.S. 189)

U.S. Supreme Court · decided January 10, 2006 · Supreme Court Database (Spaeth)

Citation
546 U.S. 189 · 126 S. Ct. 846
Decided
January 10, 2006
Term
October Term 2005
Vote
9–0
Majority author
Justice Breyer
Issue area
Criminal Procedure
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Breyer delivered the opinion of the Court. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA or Act) requires a state prisoner whose conviction has become final to seek federal habeas corpus relief within one year. 28 U. S. C. § 2244(d)(1)(A). The Act tolls this 1-year limitations period for the “time during which a properly filed application for State post-conviction or other collateral review ... is pending.” § 2244(d)(2). The time that an application for state postconviction review is “pending” includes the period between (1) a lower court’s adverse determination, and (2) the prisoner’s filing of a notice of appeal, provided that the filing of the notice of appeal is timely under state law. Carey v. Saffold, 536 U. S. 214 (2002). In most States a statute sets out the number of days for filing a timely notice of appeal, typically a matter of a few days. See id., at 219. California, however, has a special system governing appeals when prisoners seek relief on collateral review. Under that system, the equivalent of a notice of appeal is timely if filed within a “reasonable time.” In re Harris, 5 Cal. 4th 813, 828, n. 7, 855 P. 2d 391, 398, n. 7 (1993); see also Saffold, supra, at 221. In this case, the Ninth Circuit found timely a California prisoner’s request for appellate review made three years after the lower state court ruled against him. Chavis v.…

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