Page:United States Reports 546.pdf/404

 546US1

Unit: $U16

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

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

193

Opinion of the Court

decision by ﬁling an original petition (rather than a notice of appeal) in the higher court, and that petition is timely if ﬁled within a “reasonable time.” Id., at 221. We asked whether this distinction made a difference for AEDPA toll­ ing purposes. We answered that question “no.” Id., at 222–223. California’s system is sufﬁciently analogous to ap­ pellate review systems in other States to treat it similarly. See id., at 222 (“The upshot is that California’s collateral re­ view process functions very much like that of other States, but for the fact that its timeliness rule is indeterminate”). As long as the prisoner ﬁled a petition for appellate review within a “reasonable time,” he could count as “pending” (and add to the 1-year time limit) the days between (1) the time the lower state court reached an adverse decision, and (2) the day he ﬁled a petition in the higher state court. Id., at 222– 223. We added, “The fact that California’s timeliness stand­ ard is general rather than precise may make it more difﬁcult for federal courts to determine just when a review applica­ tion (i. e., a ﬁling in a higher court) comes too late.” Id., at 223. Nonetheless, the federal courts must undertake that task. C We considered ﬁnally whether the state habeas petition at issue in the case had itself been timely ﬁled. Saffold had ﬁled that petition (a petition for review by the California Supreme Court) not within 30 or even 60 days after the lower court (the California Court of Appeal) had reached its adverse decision, but, rather, 41⁄2 months later. The ﬁling was not obviously late, however, because the delay might have been due to excusable neglect—Saffold said he had taken 41⁄2 months because he had not received timely notice of the adverse lower court decision. Id., at 226. We sent the case back to the Ninth Circuit to decide whether the prisoner had ﬁled his California Supreme Court petition within a “reasonable time,” thus making the ﬁling timely under California law. We also set forth several legal