Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Gonzalez v. Thaler

Docket No. Op. Below Argument Opinion Vote Author Term
10-895 5th Cir. Nov 2, 2011
Tr.Aud.
Jan 10, 2012 8-1 Sotomayor OT 2011

Holding: Section 2253(c)(3) is a mandatory but nonjurisdictional rule. The failure of a certificate of appealability to “indicate” a constitutional issue does not deprive a court of appeals of jurisdiction to adjudicate the appeal. Moreover, for a state prisoner who does not seek review in a state’s high­est court, the judgment becomes “final” for purposes of Section 2244(d)(1)(A) upon “expiration of the time for seeking such review.” The petitioner’s appeal in this case was therefore untimely.

Judgment: Affirmed, 8-1, in an opinion by Justice Sotomayor on January 10, 2012. Justice Scalia filled a dissenting opinion.

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Merits Briefs For the Petitioner

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Merits Briefs for the Respondent

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