Supreme Court of the United States
Rafael Arriaza Gonzalez v. Rick Thaler
January 10, 2012181 L. Ed. 2d 619
Summary
The Court held that a certificate of appealability’s failure to identify a constitutional issue does not eliminate appellate subject-matter jurisdiction, although the identification requirement remains mandatory. It also held that a state conviction becomes final for AEDPA purposes when the time to seek review in the State’s highest court expires, so Gonzalez’s federal habeas petition was untimely and the judgment was affirmed. Justice Scalia, dissenting, would have treated the defective certificate as jurisdictionally insufficient and dismissed the appeal.
Holding
- Effect of a certificate of appealability that fails to identify a constitutional issue. The requirement that a certificate of appealability indicate the specific issue or issues satisfying the substantial-constitutional-showing requirement is mandatory but nonjurisdictional. A defective certificate therefore does not deprive a court of appeals of subject-matter jurisdiction, although a timely challenge requires the court to address the defect by considering amendment or remand for specification.
- Finality of a state judgment under AEDPA when the prisoner does not seek review in the State’s highest court. For a state prisoner who does not seek review in the State’s highest court, the judgment becomes final when the time for seeking review in that court expires, not when the intermediate appellate court issues its mandate. Gonzalez’s judgment therefore became final on August 11, 2006, and his federal habeas petition was time barred.
Docket No. 10-895
Cited authorities
- 28 U.S.C. § 2253
- 28 U.S.C. § 2244
- 28 U.S.C. § 2254
- 28 U.S.C. § 2253
- Fed. R. App. P. 3(c)(1)
- 28 U.S.C. § 1257
- Fed. R. App. P. 3(c)(1)
- 28 U.S.C. § 2244