Thomas v. Goodwin

Petitioner, convicted of armed robbery, appealed the dismissal of his 28 U.S.C. 2254 petition as untimely. When, as in the present case, a petitioner does not pursue direct review all the way to the United States Supreme Court, “the judgment becomes final at the ‘expiration of the time for seeking such review’ - when the time for pursuing direct review in [the U.S. Supreme Court], or in state court, expires.” The court concluded that petitioner's conviction became final thirty days after the Louisiana Second Circuit affirmed his conviction on direct appeal. On that date, petitioner's time for seeking direct review by the Louisiana Supreme Court expired and the section 2244(d)(1) limitations period began to run. Accordingly, the court affirmed the district court's dismissal of the application. View "Thomas v. Goodwin" on Justia Law