February 23, 2009
On Tuesday, January 13, the Supreme Court announced its decision in Jimenez v. Quarterman. In this case, the Supreme Court considered whether the Antiterrorism and Effective Death Penalty Act's one-year limitations period for filing a federal habeas petition begins again upon the expiration of time for seeking review of an out-of-time appeal granted by a state court. In a unanimous decision, the Court held that a criminal defendant's judgment is not final for the purposes of the AEDPA until the conclusion of the out-of-time direct appeal or the expiration of time for seeking review of that appeal, and therefore remanded petitioner Carlos Jimenez's request for a certificate of appealability to the Fifth Circuit for further proceedings. Former Wisconsin Circuit Court Judge and Gass Weber Mullins partner Michael Brennan discusses the decision.
Oral Argument - November 4, 2008:
Decision - January 13, 2009: