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GONZALEZ v. THALER

Docket No.: 10-895
Certiorari Granted: 06/13/11
Argued: November 2, 2011
Decided: 01/10/12

Topics:

Amendment 6, Appellate Procedure, Article I, Death Penalty, EPA, Fourth Amendment, Sixth Amendment, Speedy Trial, Speedy Trial Act, habeas, habeas corpus, judicial review, murder, patent, probable cause, sovereign immunity, stare decisis

PartyNames: Rafael Arriaza Gonzalez v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Petitioner: Rafael Arriaza Gonzalez
Respondent: Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 623 F.3d 222
Supreme Court Docket

Rafael Arriaza Gonzalez
v.
Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Background:

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, Title I, 110 Stat. 1217, establishes a one-year statute of limitations for a state prisoner to file a federal habeas corpus petition. As relevant here, that limitation period runs from "the date on which the judgment [of conviction] became final by the conclusion of direct review or the expiration of the time for seeking such review." 28 U.S.C. § 2244(d)(I)(A). The Questions Presented are:

Consideration Limited:

LIMITED TO THE FOLLOWING QUESTIONS: 1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER'S APPEAL? 2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D) (1) DUE TO "THE DATE ON WHICH THE JUDGMENT BECAME FINAL BY THE CONCLUSION OF DIRECT REVIEW OR THE EXPIRATION OF THE TIME FOR SEEKING SUCH REVIEW"?

Question Presented:

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, Title I, 110 Stat. 1217, establishes a one-year statute of limitations for a state prisoner to file a federal habeas corpus petition. As relevant here, that limitation period runs from "the date on which the judgment [of conviction] became final by the conclusion of direct review or the expiration of the time for seeking such review." 28 U.S.C. § 2244(d)(I)(A). The Questions Presented are: I. Whether state law is relevant to determining when the States' direct review processes conclude, as the Seventh, Eighth, and Eleventh Circuits have held, or whether AEDPA dictates a single federally prescribed point in time when all state direct-review processes are deemed to have concluded, as the Fifth and Ninth Circuits have held II. Whether, under AEDPA, the "conclusion of direct review" occurs upon (i) issuance of an intermediate appellate court's mandate, as the Eighth Circuit has held, (ii) expiration of the time for seeking discretionary review in the state's highest court, as the Fifth Circuit held, or (iii) issuance of the intermediate appellate court's decision, as the Ninth Circuit has held. III. Whether "expiration of the time for seeking [direct] review" under Section 2244(d)(I)(A) includes the ninety-day period for filing a petition for a writ of certiorari with this Court even when the petitioner forewent discretionary review in the state's highest court, as the Fourth and Seventh Circuits have held, or excludes that time, as the Fifth, Eighth, Ninth, and Eleventh Circuits have held.

Question:

Was there jurisdiction to issue a certificate of appealability under 28 U.S.C. § 2253(c) and to adjudicate Gonzalez's appeal? Did the application for a writ of habeas corpus run out of time under 28 U.S.C. § 2244(d)(1) due to the date on which the judgment became final by the conclusion of direct review?

GONZALEZ v. THALER
ORAL ARGUMENT

11/02/11

Listen to Oral Argument in GONZALEZ v. THALER
Holding: AFFIRMED
Vote: 8-1
Majority: Sotomayor,Roberts,Kennedy,Thomas,Ginsburg,Breyer,Alito,Kagan
Dissenting: Scalia
Opinion By:
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