546US1
Unit: $U16
[08-22-08 15:44:46] PAGES PGT: OPIN
Cite as: 546 U. S. 189 (2006)
191
Opinion of the Court lengthy delay to survive the federal 1-year habeas filing period, he can not succeed. Pp. 200–201. 382 F. 3d 921, reversed and remanded. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and O’Connor, Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, post, p. 202.
Catherine Baker Chatman, Deputy Attorney General of California, argued the cause for petitioner. With her on the briefs were Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assist ant Attorney General, and Janet E. Neeley, Stan Cross, and Julie A. Hokans, Supervising Deputy Attorneys General. Peter K. Stris, by appointment of the Court, 545 U. S. 1126, argued the cause for respondent. With him on the brief were Jason H. Wilson, Paul J. Loh, and Shaun P. Martin.* Justice Breyer delivered the opinion of the Court. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA or Act) requires a state prisoner whose con viction has become final to seek federal habeas corpus relief within one year. 28 U. S. C. § 2244(d)(1)(A). The Act tolls this 1-year limitations period for the “time during which a properly filed application for State post-conviction or other collateral review . . . is pending.” § 2244(d)(2). The time that an application for state postconviction review is “pend ing” includes the period between (1) a lower court’s adverse determination, and (2) the prisoner’s filing of a notice of ap peal, provided that the filing of the notice of appeal is timely under state law. Carey v. Saffold, 536 U. S. 214 (2002). In most States a statute sets out the number of days for filing a timely notice of appeal, typically a matter of a few
- Jeffrey L. Fisher and Russell D. Covey filed a brief for the National
Association of Criminal Defense Lawyers as amicus cur iae urging affirmance.
