Gonzalez v. Thaler (2011)
- Docket
- 10-895
- Decided
- 2011-01-01
Summary
Question: Was there jurisdiction to issue a certificate of appealability under 28 U.S.C. § 2253(c) and to adjudicate Gonzalez's appeal? Did the application for a writ of habeas corpus run out of time under 28 U.S.C. § 2244(d)(1) due to the date on which the judgment became final by the conclusion of direct review? Conclusion: Yes and Yes. Justice Sonia Sotomayor wrote for the majority. The Court held that the fact that the certificate of appealability did not indicate a constitutional issue did not deprive the court of appeals of jurisdiction because Section 2253(c)(3) is a nonjurisdictional rule. The Court further held that the judgment becomes final for the purpose of Section 2244(d)(1) when the time for seeking review by the state's highest court expires. Justice Antonin Scalia dissented. He stated that the purpose of Section 2253(c) was to prevent appeals from denials of relief in habeas without the clear identification of a constitutional issue.