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).