Today’s Opinions

Tuesday, March 27th, 2007 10:16 am | Jason Harrow | Print This Post

The opinion in 05-1272, Rockwell v. US, is here.

The opinion in 06-116, Limtiaco v. Camacho, is here.



2 Comments »



  1. In regards to Limtiaco v. Camacho, my only comment relates to the jurisdictional question on “finality” of the state court judgment which would trigger the 90 day period to petition for writ of certiorari with the U.S. Supreme Court. I am having some difficulty rectifying the majority’s assumption of jurisdiction here and discussion of “finality” of the Guam proceeding with the majority’s holding in Lawrence v. Texas. While I agree with the holding in Lawrence (with the potential exception of the majority’s ambivolent discussion of the notion of equitable tolling under AEDPA), the majority’s distinction between finality of judgment from Guam (where Limtiaco apparently held that the judgment of the Guam Supreme Court was not final until disposed of by the Ninth Circuit) and the finality of the State of Florida Supreme Court’s decision in Lawrence, such that the tolling provisions under AEDPA were not triggered by the continuing Petition for Writ of Certiorari to the US Supreme Court, is lost on me. The only thing that I can conclude (and I probably should have researched it earlier) is that the initial, now repealed, statutory designation of discretionary appellate review to the Ninth Circuit is distinguished from the discretionary review under Lawrence. But I am not sure that this is not a distinction without a functional difference. Any comment?

    Comment by George T. Perrett — November 12, 2007 @ 5:56 am

  2. I apologize for the erroneous reference – I meant Lawrence v. Florida, not Lawrence v. Texas.

    Comment by George T. Perrett — November 12, 2007 @ 6:00 am

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