Page:United States Reports 546.pdf/402

 546US1

Unit: $U16

[08-22-08 15:44:46] PAGES PGT: OPIN

Cite as: 546 U. S. 189 (2006)

191

Opinion of the Court lengthy delay to survive the federal 1-year habeas ﬁling period, he can­ not succeed. Pp. 200–201. 382 F. 3d 921, reversed and remanded. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and O’Connor, Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., ﬁled an opinion concurring in the judgment, post, p. 202.

Catherine Baker Chatman, Deputy Attorney General of California, argued the cause for petitioner. With her on the briefs were Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assist­ ant Attorney General, and Janet E. Neeley, Stan Cross, and Julie A. Hokans, Supervising Deputy Attorneys General. Peter K. Stris, by appointment of the Court, 545 U. S. 1126, argued the cause for respondent. With him on the brief were Jason H. Wilson, Paul J. Loh, and Shaun P. Martin.* Justice Breyer delivered the opinion of the Court. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA or Act) requires a state prisoner whose con­ viction has become ﬁnal to seek federal habeas corpus relief within one year. 28 U. S. C. § 2244(d)(1)(A). The Act tolls this 1-year limitations period for the “time during which a properly ﬁled application for State post-conviction or other collateral review. . . is pending.” § 2244(d)(2). The time that an application for state postconviction review is “pend­ ing” includes the period between (1) a lower court’s adverse determination, and (2) the prisoner’s ﬁling of a notice of ap­ peal, provided that the ﬁling of the notice of appeal is timely under state law. Carey v. Saffold, 536 U. S. 214 (2002). In most States a statute sets out the number of days for ﬁling a timely notice of appeal, typically a matter of a few Association of Criminal Defense Lawyers as amicus cur iae urging afﬁrmance.
 * Jeffrey L. Fisher and Russell D. Covey ﬁled a brief for the National