815 F.3d 207
5th Cir.2016Background
- Cedric Catchings was convicted of capital murder in Mississippi and sentenced to life; Mississippi Court of Appeals affirmed.
- Mississippi Supreme Court denied certiorari on July 22, 2010.
- Under Sup. Ct. Rule 13, the deadline to file a certiorari petition in the U.S. Supreme Court was October 20, 2010; Catchings filed a cert. petition on October 21, 2011 (12 months late).
- The U.S. Supreme Court denied Catchings’s late certiorari petition on February 21, 2012 without explanation.
- Catchings filed a federal habeas petition (28 U.S.C. § 2254) signed Nov. 19, 2012, postmarked Feb. 20, 2013, and filed Mar. 8, 2013; the district court dismissed it as untimely under 28 U.S.C. § 2244(d)(1)(A).
- Catchings appealed; the Fifth Circuit considered whether the § 2244(d)(1)(A) limitations period began when the certiorari deadline first expired (Oct. 20, 2010) or when the Supreme Court later denied his untimely certiorari petition (Feb. 21, 2012).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did Catchings’s conviction become "final" for § 2244(d)(1)(A)? | Catchings: Finality occurred when the Supreme Court denied his certiorari on Feb. 21, 2012 because the Court effectively exercised discretion to consider his out‑of‑time petition. | Government: Finality occurred when the time to seek certiorari expired (Oct. 20, 2010); an untimely later filing does not restart or postpone finality. | The court held finality occurred when the certiorari deadline expired (Oct. 20, 2010); Catchings’s habeas was untimely. |
Key Cases Cited
- Gonzalez v. Thaler, 132 S. Ct. 641 (2012) (distinguishes petitioners who pursue review to the Supreme Court from those who do not)
- Jimenez v. Quarterman, 555 U.S. 113 (2009) (finality occurs when time to seek certiorari expires absent tolling or permitted out‑of‑time appeal)
- Wall v. Kholi, 562 U.S. 545 (2011) (conviction becomes final when certiorari time expires)
- Caspari v. Bohlen, 510 U.S. 383 (1994) (discusses certiorari-timing principles)
- Roberts v. Cockrell, 319 F.3d 690 (5th Cir. 2003) (limitations period begins when time for seeking further direct review expires)
- Flanagan v. Johnson, 154 F.3d 196 (5th Cir. 1998) (same rule on 90‑day certiorari period)
- Foreman v. Dretke, 383 F.3d 336 (5th Cir. 2004) (explains categories for § 2244(d)(1)(A) finality)
- United States v. Buckles, 647 F.3d 883 (9th Cir. 2011) (rejected argument that unexplained Supreme Court denial of untimely petition restarts analogous limitations period)
Disposition
The Fifth Circuit affirmed the district court: Catchings’s § 2254 petition was untimely because his conviction became final when the certiorari filing deadline expired, not when the Supreme Court later denied his untimely certiorari petition.