Chavis v. LeMarque, ___ F.3d ___ (9th Cir. 2004) (AEDPA one-year statute of limitations for 28 U.S.C. 2254 habeas proceedings tolled while second round of state post-conviction petitions were pending, even though they were denied on procedural grounds, since state court's ultimate decision on a particular petition does not affect whether that petition is "pending" while court considers it). See also Carey v. Saffold, 536 U.S. 214, 219-21 (2002) (time gap between petitions viewed under California's "reasonableness" standard rather than strict time limit; question is whether petitioner unreasonably delayed filing in next court).      A petition is considered pending during one full round of state review, which includes petitions in Superior Court, the Court of Appeal, and the state Supreme Court. During subsequent rounds of state petitions, the statute of limitations is tolled while each petition is pending, but not between petitions. AEDPA time starts to run 31 days after the state supreme court denies the final petition. Smith v. Duncan, 297 F.3d 809, 814 (9th Cir. 2002).

jurisdiction: 
Ninth Circuit

 

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