Augustine Gutierrez v. James M. Schomig

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the statute of limitations is not tolled for the 90-day period during which certiorari could have been sought after the denial of state postconviction relief
• concluding that statute of limitations is not tolled under sec. 2244(d)(2) for the 90-day period during which certiorari could have been sought from the denial of state post-conviction relief
• holding that the approach of §2244(d)(1)(A), which includes time for seeking additional review on direct appeal, does not apply to §2244(d)(2), which deals with time devoted to seeking collateral relief in state court
• holding that the one-year limitations peri- od is not tolled during the ninety-day period that a state post-conviction petitioner could have filed, but did not file, a petition for certiorari review in the United States Supreme Court
• contrasting the language of section 2244(d)(1)(A) and section 2244(d)(2) respectively
• contrasting the language of section 2244(d)(1)(A) and section 2244(d)(2) respectively

Source: CourtListener parenthetical corpus (CC0).