Carey v. Saffold

536 U.S. 214, 122 S. Ct. 2134, 153 L. Ed. 2d 260, 2002 U.S. LEXIS 4419
CourtSupreme Court of the United States
DecidedJune 17, 2002
Docket01-301
StatusPublished
Cited by1,053 cases

This text of 536 U.S. 214 (Carey v. Saffold) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carey v. Saffold, 536 U.S. 214, 122 S. Ct. 2134, 153 L. Ed. 2d 260, 2002 U.S. LEXIS 4419 (2002).

Opinions

Justice Breyer

delivered the opinion of the Court.

The federal Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a state prisoner seeking a federal habeas corpus remedy to file his federal petition within one year after his state conviction has become “final.” 28 U. S. C. § 2244(d)(1)(A). The statute adds, however, that the 1-year period does not include the time during which an [217]*217application for state collateral review is “pending” in the state courts. § 2244(d)(2).

This case raises three questions related to the statutory word “pending”:

(1) Does that word cover the time between a lower state court’s decision and the filing of a notice of appeal to a higher state court?

(2) If so, does it apply similarly to California’s unique state collateral review system — a system that does not involve a notice of appeal, but rather the filing (within a reasonable time) of a further original state habeas petition in a higher court?

(3) If so, was the petition at issue here (filed in the California Supreme Court 4V2 months after the lower state court reached its decision) pending during that period, or was it no longer pending because it failed to comply with state timeliness rules?

We answer the first two questions affirmatively, while remanding the case to the Court of Appeals for its further consideration of the third.

I

In 1990 Tony Saffold, the respondent, was convicted and sentenced in California state court for murder, assault with a firearm, and robbery. His conviction became final on direct review in April 1992. Because Saffold’s conviction became final before AEDPA took effect, the federal limitations period began running on AEDPA’s effective date, April 24, 1996, giving Saffold one year from that date (in the absence of tolling) to file a federal habeas petition.

A week before the federal deadline, Saffold filed a state habeas petition in the state trial court. The state trial court denied the petition. Five days later Saffold filed a further petition in the State Court of Appeal. That court denied his petition. And 4Vz months later Saffold filed a further petition in the California Supreme Court. That court also denied Saffold’s petition, stating in a single sentence that it did [218]*218so “on the merits and for lack of diligence.” App. G to Pet. for Cert. 1.

Approximately one week later, in early June 1998, Saffold filed a petition for habeas corpus in the Federal District Court. The District Court noted that AEDPA required Saf-fold to have filed his petition by April 24, 1997. It recognized that the statute gave Saffold extra time by tolling its limitations period while Saffold’s application for state collateral review was “pending” in the state courts. But the District Court decided that Saffold’s petition was “pending” only while the state courts were actively considering it, and that period did not include the intervals between the time a lower state court had denied Saffold’s petition and the time he had filed a further petition in a higher state court. In Saffold’s case those intervals amounted to five days (between the trial court and intermediate court) plus 4A months (between the intermediate court and Supreme Court), and those intervals made a critical difference. Without counting the intervals as part of the time Saffold’s application for state collateral review was “pending,” the tolling period was not long enough to make Saffold’s federal habeas petition timely. Hence the District Court dismissed the petition.

The Ninth Circuit reversed. It included in the “pending” period, and hence in the tolling period, the intervals between what was, in effect, consideration of a petition by a lower state court and further consideration by a higher state court — at least assuming a petitioner’s request for that further higher court consideration was timely. Saffold v. Newland, 250 F. 3d 1262, 1266 (2001). It added that Saffold’s petition to the California Supreme Court was timely despite the 4V4 months that had elapsed since the California Court of Appeal decision. That is because the California Supreme Court had denied Saffold’s petition, not only because of “lack of diligence” but also “on the merits,” a circumstance that showed the California Supreme Court had “applied its untimeliness bar only after considering to some degree the [219]*219underlying federal constitutional questions raised.” Id., at 1267.

We granted certiorari. We now vacate the judgment and remand the case.

II

In most States, relevant state law sets forth some version of the following collateral review procedures. First, the prisoner files a petition in a state court of first instance, typically a trial court. Second, a petitioner seeking to appeal from the trial court’s judgment must file a notice of appeal within, say, 30 or 45 days after entry of the trial court’s judgment. See, e. g., Ala. Rule App. Proc. 4 (2001); Colo. App. Rule 4(b)(1) (2001); Ky. Rule Crim. Proc. 12.04(3) (2002). Third, a petitioner seeking further review of an appellate court’s judgment must file a further notice of appeal to the state supreme court (or seek that court’s discretionary review) within a short period of time, say, 20 or 30 days, after entry of the court of appeals judgment. See, e. g., Ala. Rule App. Proc. 5 (2001); Colo. Rev. Stat. § 13-4-108 (2001); Conn. Rule App. Proc. 80-1 (2002); Ky. Rule Civ. Proc. 76.20(2)(b) (2002). California argues here for a “uniform national rule” to the effect that an application for state collateral review is not “pending” in the state courts during the interval between a lower court’s entry of judgment and the timely filing of a notice of appeal (or petition for review) in the next court. Brief for Petitioner 36. Its rationale is that, during this period of time, the petition is not under court consideration.

California’s reading of the word “pending,” however, is not consistent with that word’s ordinary meaning. The dictionary defines “pending” (when used as an adjective) as “in continuance” or “not yet decided.” Webster’s Third New International Dictionary 1669 (1993). It similarly defines the term (when used as a preposition) as “through the period of continuance . . . of,” “until the . . . completion of.” Ibid. That definition, applied in the present context, means that an application is pending as long as the ordinary state collateral [220]*220review process is “in continuance” — i. e., “until the completion of” that process. In other words, until the application has achieved final resolution through the State’s post-conviction procedures, by definition it remains “pending.”

California’s reading would also produce a serious statutory anomaly. A federal habeas petitioner must exhaust state remedies before he can obtain federal habeas relief. The statute makes clear that a federal petitioner has not exhausted those remedies as long as he maintains “the right under the law of the State to raise” in that State, “by any available procedure, the question presented.” 28 U. S. C. § 2254(c).

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Cite This Page — Counsel Stack

Bluebook (online)
536 U.S. 214, 122 S. Ct. 2134, 153 L. Ed. 2d 260, 2002 U.S. LEXIS 4419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carey-v-saffold-scotus-2002.