Decided
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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Related Coverage
Jan 4, 2011Petition for a writ of certiorari filed. (Response due February 10, 2011)
Feb 23, 2011DISTRIBUTED for Conference of March 18, 2011.
Mar 3, 2011Response Requested . (Due April 4, 2011)
Mar 25, 2011Order extending time to file response to petition to and including May 4, 2011.
May 4, 2011Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
May 16, 2011Reply of petitioner Rafael Arriaza Gonzalez filed.
May 17, 2011DISTRIBUTED for Conference of June 2, 2011.
Jun 6, 2011DISTRIBUTED for Conference of June 9, 2011.
Jun 13, 2011Petition GRANTED limited to the following questions: 1. Was there jurisdiction to issue a certificate of appealability under 28 U. S. C. §2253(c) and to adjudicate petitioners appeal? 2. Was the application for a writ of habeas corpus 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 or the expiration of the time for seeking such review?
.
Jul 1, 2011The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 5, 2011.
Jul 1, 2011The time to file respondent's brief on the merits is extended to and including September 14, 2011.
Aug 1, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 5, 2011Joint appendix filed. (Statement of costs filed)
Aug 5, 2011Brief of petitioner Rafael Arriaza Gonzalez filed.
Aug 8, 2011SET FOR ARGUMENT ON Wednesday, November 2, 2011
Aug 10, 2011Record from U.S.C.A. for 5th Circuit is electronic.
Aug 12, 2011Brief amici curiae of National Association of Criminal Defense Lawyers and the Innocence Network filed.
Aug 12, 2011Brief amicus curiae of The Rutherford Institute filed.
Aug 17, 2011Record received from U.S.D.c. for Northern District of Texas. (1 box)
Aug 19, 2011CIRCULATED.
Sep 14, 2011Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)
Sep 21, 2011Brief amicus curiae of the United States filed. (Distributed)
Sep 21, 2011Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 14, 2011Reply of petitioner Rafael Arriaza Gonzalez filed. (Distributed)
Oct 17, 2011Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 2, 2011Argued. For petitioner: Patricia A. Millett, Washington, D. C. For respondent: Jonathan F. Mitchell, Solicitor General, Austin, Tex.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Nov 3, 2011Letter from Counsel for the petitioner filed. (Distributed)
Jan 10, 2012Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion.
Feb 13, 2012JUDGMENT ISSUED.
Mar 2, 2012Record returned to U.D.C. for the Northern District of Texas.
Recommended Citation: Gonzalez v. Thaler, SCOTUSblog, https://www.scotusblog.com/cases/gonzalez-v-thaler/