James Manuel Phillips, Jr. v. Warden

How courts have described this case

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

• explaining that the petitioner’s conviction became final under the AEDPA when the time expired for him to file a petition for a writ of certiorari with the Georgia Supreme Court
• explaining that the petitioner’s conviction became final under the AEDPA when the time expired for him to file a petition for a writ of certiorari with the Georgia Supreme Court
• noting a granted out-of-time appeal “would have ‘restored the pendency of the direct appeal’ such that Petitioner’s conviction was ‘no longer final’”
• discussing when a conviction is final in terms of the AEDPA, Ga. Sup. Ct. R. 38, and Gonzalez v. Thaler, 565 U.S. 134, 150 (2012)
• noting filing of state habeas petition tolled AEDPA limitations period until the conclusion of petitioner’s state habeas proceedings
• “[I]f a petitioner fails to timely pursue all available state relief on direct review, his conviction becomes final when the time for seeking review in the relevant state court expires.”

Source: CourtListener parenthetical corpus (CC0).

Cites

12 cases in this archive are cited by this case.

• Holland v. Florida
  Supreme Court· 2010-06-14· cited 3,974×
• Gonzalez v. Thaler
  Supreme Court· 2012-01-10· cited 3,668×
• Jimenez v. Quarterman
  Supreme Court· 2009-01-13· cited 910×
• Ernest Cadet v. State of Florida Department of Corrections
  Eleventh Circuit· 2017-02-24· cited 184×
• Gonzalez v. Secretary for the Department of Corrections
  Eleventh Circuit· 2004-04-26· cited 151×
• Gerard Joseph Pugh v. Hugh Smith
  Eleventh Circuit· 2006-09-29· cited 125×
• American Railway Express Co. v. Levee
  Supreme Court· 1923-10-22· cited 91×
• Butler v. Cain
  Fifth Circuit· 2008-06-25· cited 60×
• Phillips v. State
  Court of Appeals of Georgia· 2004-09-16· cited 45×
• State v. Tyson
  Supreme Court of Georgia· 2001-03-29· cited 22×
• Riley v. State
  Supreme Court of Georgia· 2006-01-30· cited 21×
• Darrell Dolphy v. Warden, Central State Prison
  Eleventh Circuit· 2016-05-24· cited 12×