Carey v. Saffold — Kennedy, J., dissenting

Summary

Kennedy, J., dissenting, argues the majority misinterprets AEDPA's tolling provision by treating a California original writ petition as a pending application after an appeal window closes. He contends 'application' means a specific document, not the review process, and that California law distinguishes original writs from appeals. The dissent warns this ruling creates uncertainty and extends tolling periods in many states.