Gonzalez v. Thaler
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-895 | 5th Cir. | Nov 2, 2011 | 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 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 Justice Sotomayor on January 10, 2012. Justice Scalia filled a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Scalia Dissent in AEDPA Case Warns of Libertine, Liberating Romp (Giovanna Shay, January 12, 2012)
- Opinion analysis: Scalia Dissent in AEDPA Case Warns of Libertine, Liberating Romp (Giovanna Shay, January 12, 2012)
- Opinion analysis: Scalia Dissent in AEDPA Case Warns of Libertine, Liberating Romp (Giovanna Shay, January 12, 2012)
- Gonzalez v. Thaler: Justices focus on COA issue (Giovanna Shay, November 3, 2011)
- Argument preview: Another technical AEDPA case implicating state postconviction and counsel (Giovanna Shay, October 26, 2011)
Briefs and Documents
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
Certiorari-stage documents
- Opinion below (5th Circuit)
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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