McMonagle v. Meyer

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Petitioner, seeking relief from a misdemeanor conviction for driving under the influence, appealed the district court's dismissal of his petition for a writ of habeas corpus under 28 U.S.C. 2254. The district court granted the Attorney General's office's motion to dismiss on the grounds that the petition had not been filed within the time limit provided in section 2244(d)(1)(A). The court concluded that, in the context of California misdemeanor habeas petitioners, finality for the purposes of the Antiterrorism and Effective Death Penalty Act (AEDPA) occurs only once the California Supreme Court denies their state habeas petition and the U.S. Supreme Court denies certiorari or the 90-day period for filing a petition for certiorari expires. Even though a misdemeanor judgment is "final immediately" under the California Rules of Court, the judgment is not final for purposes of AEDPA until a misdemeanant has exhausted his claim by filing a discretionary petition in the California State Supreme Court. Accordingly, the court reversed and remanded. View "McMonagle v. Meyer" on Justia Law