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Jimenez v. Quarterman

Docket No.: 07-6984
Certiorari Granted: Mar 17 2008
Argued: November 4, 2008
Decided: January 20, 2009

PartyNames: Carlos Jimenez v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Petitioner: Carlos Jimenez
Respondent: Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division

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

Carlos Jimenez
v.
Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division
555 U.S. ____ (2009)
Consideration Limited:

GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

QUESTION ONE : "Whether a Certificate of Appealability should have issued pursuant to Slack v McDaniel, 529 U.S. 473, 482, 120 S.Ct. 1595, 1604 (2000) on the question of Whether pursuant to 28 U.S.C. § 2244 (d)(1)(A) When through no fault of the petitioner, he was unable to obtain a direct review and the highest State Court granted relief to place him back to original position on direct review, should the 1-year limitations begin to run after he has completed that direct review resetting the 1-- year limitations period? "QUESTION TWO : "Whether a Certificate of Appealability should have issued pursuant to Slack v. McDaniel, 529 U.S. 473, 482, 120 S.Ct. 1595. 1604 (2000) on the question of Whether the circumstances of petitioner's cause of action present rare and exceptional circumstances warranting equitable tolling of the 1--year limitations period of 28 U.S.C. § 2244 (d)(1)(2)? "

Question:

When a criminal defendant is unable to obtain timely direct review of his case in state court, should the one-year statute of limitations for appeals begin to run at the date of conviction, as federal law prescribes, or after the delayed direct review is completed?

Holding: judgment reversed and remanded
Vote: 9-0
Opinion By:
Read JIMENEZ V. QUARTERMAN opinion (PDF)
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