Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:


Evans v. Chavis

Docket No.: 04-721
Certiorari Granted: May 2 2005
Argued: November 9, 2005
Decided: January 20, 2006


Criminal Procedure, Habeas Corpus

PartyNames: Mike Evans, Acting Warden v. Reginald Chavis
Petitioner: Mike Evans, Acting Warden
Respondent: Reginald Chavis

Court Below: United States Court of Appeals for the Ninth Circuit

Mike Evans, Acting Warden
Reginald Chavis
546 U.S. 189 (2006)

In Carey v. Saffold, 536 U.S. 214, 225 (2002), this Court held that, where a California prisoner "unreasonably" delays in filing a state habeas corpus petition after denial in a lower court, that application is not "'pending' during this period' and therefore does not toll the one-year statute of limitations for filing federal habeas corpus petitions. The Court further held that the California Supreme Court's denial of a habeas petition on the merits does not itself "indicate that the petition was timely." Id. at 226.

Question Presented:

The question presented is: Did the Ninth Circuit contravene this Court's decision in Carey v. Saffold when it held that a prisoner who delayed more than three years before filing a habeas petition with the California Supreme Court did not "unreasonably" delay in filing the petition -- and therefore was entitled to tolling during that entire period -- because the California Supreme Court summarily denied the petition without comment or citation, which the Ninth Circuit construes as a denial "on the merits"?


When a state court denies a habeas petition summarily, without explanation, does the time that a defendant spent filing that petition count toward the one-year statute of limitations in federal habeas appeals under the Antiterrorism and Effective Death Penalty Act?

Holding: reversed and remanded
Vote: 9-0
Opinion By:
Read EVANS V. CHAVIS opinion (PDF)

Read opinion

Warning: count(): Parameter must be an array or an object that implements Countable in /home/supremec/public_html/supremecourtobserver.com/code/sofunctionsndb.php on line 1145

Other Resources for Evans v. Chavis: