Gonzalez v. Thaler
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 high"est 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 Sonia Sotomayor on Jan 10, 2012. Justice Scalia filled a dissenting opinion.
Merits Briefs For the Petitioner
Amicus Briefs in Support of the Petitioner
- Brief for the Rutherford Institute
- Brief for the National Association of Criminal Defense Lawyers and the Innocence Network
Merits Briefs for the Respondent
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Recommended Citation: Gonzalez v. Thaler, SCOTUSblog, https://www.scotusblog.com/cases/gonzalez-v-thaler/