Supreme Court of the United States
Clay v. United States
March 4, 2003537 U.S. 522
Summary
Justice Ginsburg delivered the unanimous opinion holding that, when a federal defendant unsuccessfully appeals a conviction but does not petition for certiorari, the one-year limitation period for seeking relief under 28 U. S. C. § 2255 begins when the time for seeking certiorari expires, not when the court of appeals issues its mandate. The Court relied on the established meaning of finality in collateral review and rejected arguments that differences among related statutory provisions required an earlier starting date. Clay's motion was therefore timely, and the Court reversed the Seventh Circuit's judgment and remanded for further proceedings. There were no separate opinions.
Holding
- When § 2255's one-year limitation period begins for a federal defendant who unsuccessfully appeals but does not petition for certiorari.. The limitation period begins when the time for seeking certiorari expires, rather than when the court of appeals issues its mandate; Clay's motion was timely.
Docket 01-1500
Cited authorities
- Rule 13(1)
- Rule 13(3)
- CA10
- CA11
- CA10
- CA11
- 28 U.S.C. § 2255
- 28 U.S.C. § 2255