Jimenez v. Quarterman
Jimenez v. Quarterman, 555 U.S. 113 (2009), was a decision in which the Supreme Court of the United States held that under 28 U.S.C. § 2244(d)(1)(A), the conviction of a state defendant is not "final" if a state court grants an "out-of-time" appeal and the defendant has not yet filed a federal habeas petition.
| Jimenez v. Quarterman | |
|---|---|
Supreme Court of the United States | |
| Argued November 4, 2008 Decided January 13, 2009 | |
| Full case name | Jimenez v. Quarterman |
| Docket no. | 07-6984 |
| Citations | 555 U.S. 113 (more) 129 S. Ct. 681; 172 L. Ed. 2d 475; 2009 U.S. LEXIS 579 |
| Case history | |
| Prior | No. 06-11240 (5th Cir. May 25, 2007); cert. granted, 552 U.S. 1256 (2008). |
| Subsequent | On remand, Jimenez v. Thaler, 367 F. App'x 489 (5th Cir. 2010). |
| Holding | |
| A state conviction is not "final" for the purpose of filing a federal habeas petition when a state court grants an out-of-time appeal. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Thomas, joined by unanimous |
| Laws applied | |
| , Antiterrorism and Effective Death Penalty Act of 1996 | |
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.