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Name: Jimenez v. Quarterman
Case #: Jul-84
Court: US Supreme Court
District USSup
Opinion Date: 01/13/2009
Subsequent History: 129 S.Ct. 681, 172 L.Ed.2d 475

For the purpose of AEDPA, where a state court grants a defendant the right to file an out-of-time direct appeal during state collateral review, but before defendant has sought federal habeas relief, the judgment is not final until the conclusion of the out-of-time direct appeal, or the expiration of time to seek certiorari review of that appeal. After petitioner’s state conviction became final on October 11, 1996, the state appellate court in a state habeas proceeding held that appellant had been denied the right to appeal and granted him the right to file an out-of-time appeal. He filed the appeal and the conviction was affirmed. His time for seeking certiorari in the Supreme Court expired on January 6, 2004. He filed a second state habeas which was denied on June 29, 2005. He then filed a federal habeas on July 19, 2005, but it was denied by the District Court which ruled that the proper start date for calculating AEDPA’s one-year limitation period was the October 11, 1996, date. Petitioner argued that the January 6, 2004, date was the effective date and that his July 19, 2005, petition was timely because the calculation of AEDPA’s one-year limitation period excludes the 355 days during which his properly filed application for State post-conviction review was pending. Stressing that its decision was a narrow one, the unanimous Supreme Court agreed with petitioner.