Marilyn Gene Summers v. Dora B. Schriro, Director, Warden Terry Goddard, Attorney General of the State of Arizona

How courts have described this case

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

• holding that Arizona’s Rule 32 of- 17 right proceeding is a form of “direct review” for pleading defendants
• holding that an “‘of right proceeding,’ available under Arizona Rule of Criminal Procedure 32 to criminal defendants who plead guilty, is a form of ‘direct review’ 25 within the meaning of 28 U.S.C. 2244(d)(1)(A).”
• explaining that seeking reconsideration of criminal conviction from court that entered the judgment, while constituting a “review” of the conviction, is not an “appeal”
• referring to “all forms of post-conviction review . . . other than direct appeal”
• “Arizona courts have repeatedly characterized Rule 32 of-right proceedings as the functional equivalent of direct appeals . . . .”
• an “of- 22 right” Rule 32 proceeding is form of “direct review” under § 2244(d)(1)(A) that delays 23 the start of the running of the statute of limitations

Source: CourtListener parenthetical corpus (CC0).