Gonzalez v. Thaler
- Decided
- January 10, 2012
- Docket
- No. 10-895
- Status
- Published
- Jurisdiction
- Federal
Cited 3,668 timesNo negative treatment found in this library
What later courts said
- holding that a conviction becomes final under 28 U.S.C. § 2244 (d)(1)(A) when the Supreme Court denies a petition for writ of certiorari — Willie Jackson v. Lorie Davis, Director (2019)
- holding that a petitioner’s case becomes final when the time for pursuing direct review expires — Leslie v. State of North Carolina (2024)
- holding that, when a petitioner does not seek certiorari, a judgment becomes final when the time for filing a certiorari petition expires — Cousins v. United States (2016)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT [565 U.S. 137] Justice Sotomayor delivered the opinion of the Court.
This case interprets two provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The first, 28 U.S.C. § 2253(c), provides that a habeas petitioner must obtain a certificate of appealability (COA) to appeal a federal district court’s final order in a habeas proceeding. § 2253(c)(1). The COA may issue only if the petitioner has made a “substantial showing of the denial of a constitutional right,” § 2253(c)(2), and “shall indicate which specific issue” satisfies that showing, § 2253(c)(3). We hold that § 2253(c)(3) is not a jurisdictional requirement. Accordingly, a judge’s failure to “indicate” the requisite constitutional issue in a COA does not deprive a court of appeals of subject-matter jurisdiction to adjudicate the habeas petitioner’s appeal.
The second provision, 28 U.S.C. § 2244(d)(1)(A), establishes a 1-year limitations period for state prisoners to file federal habeas petitions, running from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” We hold that, for a state prisoner who does not seek review in a State’s highest court, the judgment becomes “final” on the date that the time for seeking such review expires.
Statutes cited
Cite this
Gonzalez v. Thaler, 565 U.S. 134 (2012)Read the full opinion
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