Editor's Note :

Editor's Note :

On Monday morning we expect orders at 9:30. On Tuesday at 10 a.m. we expect one or more opinions in argued cases; we will be live-blogging at this link at approximately 9:45.

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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Briefs and Documents

Merits Briefs For the Petitioner

Amicus Briefs in Support of the Petitioner

Merits Briefs for the Respondent

Certiorari-stage documents

 
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