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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: