William J. Barnett, Also Known as William Barnett v. Tim Lemaster, Warden, New Mexico State Penitentiary Attorney General for the State of New Mexico

How courts have described this case

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

• holding that a post-conviction petition tolls the one-year habeas time limit, only until the relevant state supreme court denies certiorari
• recognizing that “pending” meant something broader than “remain[ing] unresolved by a state district court”
• defining “pending” to include “all of the time during which a state prisoner is attempting, through proper use of state court procedures, to exhaust state court remedies with regard to a particular post-conviction application”
• construing “pending” in § 2244(d)(2) to encompass “all of the time during which a state prisoner is attempting, through proper use of state court procedures, to exhaust state court remedies with regard to a particular post-conviction application”
• the one-year period is tolled while a timely-filed state habeas petition is pending in the trial and appellate court
• application for post-conviction relief remains pending for § 2244(d)(2) purposes the entire “time during which a state prisoner is attempting, through proper use of state court procedures, to exhaust state court remedies”

Source: CourtListener parenthetical corpus (CC0).