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 high­est 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.

Briefs and Documents

Merits Briefs For the Petitioner

• Brief for Rafael Arriaza Gonzalez 
• Reply Brief for Rafael Arriaza Gonzalez

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

• Brief of respondent Rick Thaler
  

Certiorari-stage documents

• Opinion below (5th Circuit)

• Petition for certiorari
• Brief in opposition
• Petitioner’s reply