Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

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.

SCOTUSblog Coverage

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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