Jiminez v. Quarterman, 07-6984
01-13-09, U.S.
Holding: If a state prisoner is allowed by a state court to file a belated appeal, that will delay the start of the one-year filing period for pursuing a habeas corpus challenge until after the state appeal is resolved. 28 U.S.C. ยง 2244(d)(1)(A) provides that the one-year limitations period for seeking review under the Antiterrorism and Effective Death Penalty Act of 1996 begins on “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” A State conviction is not “final” for federal habeas corpus purposes where, as here, State has allowed an out-of-time, direct appeal of a conviction. Thus, district court erred in dismissing Defendant’s petition for habeas corpus as time barred. Held, judgment reversed and remanded.
