gonzalez
thaler
director
texas
department
criminal
justice
correctional
institutions
division
argued
november
decided
january
intermediate
state
appellate
affirmed
conviction
petitioner
gonzalez
allowed
time
seeking
discretionary
review
state
highest
criminal
appeals
expire
roughly
six
weeks
later
intermediate
state
appellate
issued
mandate
gonzalez
subsequently
sought
federal
habeas
relief
district
dismissed
gonzalez
petition
time
barred
statute
limitations
antiterrorism
effective
death
penalty
act
aedpa
state
prisoners
one
year
file
federal
habeas
petitions
running
date
judgment
became
final
conclusion
direct
review
expiration
time
seeking
review
district
held
gonzalez
judgment
become
final
time
seeking
discretionary
review
state
highest
expired
running
limitations
period
date
petition
untimely
aedpa
habeas
petitioner
must
obtain
certificate
appealability
coa
appeal
district
final
order
habeas
proceeding
coa
may
issue
petitioner
made
substantial
showing
denial
constitutional
right
shall
indicate
specific
issue
satisfies
showing
fifth
circuit
judge
granted
gonzalez
coa
question
whether
petition
timely
issued
coa
however
failed
indicate
constitutional
issue
fifth
circuit
affirmed
holding
gonzalez
petition
untimely
limitations
period
begins
run
petitioners
fail
appeal
state
highest
time
seeking
direct
review
state
expires
fifth
circuit
mention
state
raise
defect
gonzalez
petitioned
review
state
argued
first
time
fifth
circuit
lacked
jurisdiction
adjudicate
gonzalez
appeal
based
defect
held
section
mandatory
nonjurisdictional
rule
coa
failure
indicate
constitutional
issue
deprive
appeals
jurisdiction
adjudicate
appeal
pp
rule
jurisdictional
legislature
clearly
threshold
limitation
statute
scope
shall
count
jurisdictional
arbaugh
clear
jurisdictional
language
appears
parties
agree
plain
terms
make
issuance
coa
jurisdictional
prerequisite
parties
also
agree
speaks
coa
may
issue
contain
jurisdictional
terms
nonjurisdictional
follows
also
nonjurisdictional
like
reflects
threshold
condition
issuing
coa
speak
jurisdictional
terms
refer
jurisdiction
appeals
courts
arbaugh
jurisdictional
treatment
also
thwart
congress
intent
aedpa
eliminate
delays
federal
habeas
review
process
holland
florida
judge
determined
coa
warranted
resources
deployed
briefing
argument
coa
fulfilled
gatekeeping
function
pp
state
contrary
arguments
unpersuasive
section
mean
read
part
congress
set
requirements
distinct
paragraphs
distinct
terms
word
shall
meanwhile
underscores
rule
mandatory
nature
mandatory
rules
jurisdictional
mere
proximity
jurisdictional
provisions
turn
rule
speaks
nonjurisdictional
terms
jurisdictional
hurdle
finally
rejects
state
attempt
analogize
coa
notice
appeal
pp
state
prisoner
seek
review
state
highest
judgment
becomes
final
purposes
date
time
seeking
review
expires
pp
clay
held
federal
conviction
becomes
final
affirms
conviction
merits
direct
review
denies
petition
writ
certiorari
petitioner
seek
certiorari
time
filing
certiorari
petition
expires
jimenez
quarterman
adopted
clay
natural
reading
statutory
text
construing
similar
language
made
mention
jimenez
appeal
concluded
held
judgment
became
final
time
seeking
certiorari
expired
section
thus
consists
two
prongs
corresponding
two
categories
petitioners
petitioners
pursuing
direct
review
way
judgment
becomes
final
conclusion
direct
review
affirms
conviction
merits
denies
certiorari
petitioners
judgment
becomes
final
expiration
time
seeking
review
time
pursuing
direct
review
state
expires
gonzalez
appeal
state
highest
judgment
became
final
time
seeking
review
expired
pp
gonzalez
argues
courts
determine
prongs
every
petitioner
seek
certiorari
start
clock
latest
two
dates
gonzalez
contends
petitioner
seek
certiorari
state
law
define
conclusion
direct
review
words
latest
however
appear
nothing
contemplates
conflict
two
prongs
instructs
later
two
shall
prevail
gonzalez
approach
scouring
state
laws
cases
determine
state
defines
finality
moreover
contradict
uniform
meaning
conclusion
direct
review
clay
jimenez
accepted
rare
situation
delay
mandate
issuance
severe
prevent
petitioner
filing
federal
habeas
petition
within
year
requesting
stay
abeyance
finally
rejects
gonzalez
alternative
argument
petition
timely
filed
within
year
time
seeking
certiorari
review
expired
pp
affirmed
sotomayor
delivered
opinion
roberts
kennedy
thomas
ginsburg
breyer
alito
kagan
joined
scalia
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
rafael
arriaza
gonzalez
petitioner
rick
thaler
director
texas
department
criminal
justice
correctional
institutions
division
writ
certiorari
appeals
fifth
circuit
january
justice
sotomayor
delivered
opinion
case
interprets
two
provisions
antiterrorism
effective
death
penalty
act
aedpa
first
provides
habeas
petitioner
must
obtain
certificate
appealability
coa
appeal
federal
district
final
order
habeas
proceeding
coa
may
issue
petitioner
made
substantial
showing
denial
constitutional
right
shall
indicate
specific
issue
satisfies
showing
hold
jurisdictional
requirement
accordingly
judge
failure
indicate
requisite
constitutional
issue
coa
deprive
appeals
jurisdiction
adjudicate
habeas
petitioner
appeal
second
provision
establishes
limitations
period
state
prisoners
file
federal
habeas
petitions
running
date
judgment
became
final
conclusion
direct
review
expiration
time
seeking
review
hold
state
prisoner
seek
review
state
highest
judgment
becomes
final
date
time
seeking
review
expires
petitioner
rafael
gonzalez
convicted
murder
texas
state
intermediate
state
appellate
texas
appeals
affirmed
gonzalez
conviction
july
gonzalez
allowed
time
seeking
discretionary
review
texas
criminal
appeals
texas
cca
state
highest
criminal
appeals
expire
august
tex
rule
app
proc
texas
appeals
issued
mandate
september
gonzalez
proceeding
pro
se
petitioned
unsuccessfully
state
habeas
relief
filed
federal
habeas
petition
january
district
northern
district
texas
petition
alleged
inter
alia
nearly
delay
indictment
trial
violated
sixth
amendment
right
speedy
trial
district
without
discussing
gonzalez
constitutional
claims
dismissed
gonzalez
petition
time
barred
statute
limitations
although
gonzalez
argued
judgment
become
final
texas
appeals
issued
mandate
district
held
gonzalez
judgment
become
final
time
seeking
discretionary
review
texas
cca
expired
august
counting
date
tolling
limitations
period
time
gonzalez
state
habeas
petition
pending
gonzalez
limitations
period
elapsed
december
month
filed
federal
habeas
petition
district
denied
coa
gonzalez
applied
appeals
fifth
circuit
coa
two
grounds
habeas
petition
timely
sixth
amendment
right
violated
appeals
judge
granted
coa
question
whether
habeas
application
timely
filed
gonzalez
conviction
became
final
thus
limitations
period
commenced
date
intermediate
state
appellate
issued
mandate
app
coa
mention
sixth
amendment
question
appeals
affirmed
acknowledging
sister
circuit
run
limitations
period
date
state
issuance
mandate
appeals
deemed
mandate
issuance
irrelevant
determining
finality
disagreeing
riddle
kemna
en
banc
appeals
held
judgment
becomes
final
conclusion
direct
review
expiration
time
seeking
review
limitations
period
begins
run
petitioners
fail
appeal
state
highest
time
seeking
direct
review
state
expires
appeals
therefore
concluded
gonzalez
conviction
became
final
august
habeas
petition
time
barred
appeals
address
gonzalez
sixth
amendment
claim
discuss
whether
coa
improperly
issued
state
allege
defect
coa
move
dismiss
lack
jurisdiction
gonzalez
petitioned
writ
certiorari
brief
opposition
state
argued
first
time
appeals
lacked
jurisdiction
adjudicate
gonzalez
appeal
coa
identified
procedural
issue
without
also
indicat
ing
constitutional
issue
required
granted
certiorari
decide
two
questions
implicate
splits
authority
whether
appeals
jurisdiction
adjudicate
gonzalez
appeal
notwithstanding
defect
whether
gonzalez
habeas
petition
time
barred
due
date
judgment
became
ii
first
consider
whether
appeals
jurisdiction
adjudicate
gonzalez
appeal
section
amended
aedpa
governs
appeals
habeas
corpus
proceedings
first
subsection
general
grant
jurisdiction
providing
district
courts
final
orders
habeas
proceedings
shall
subject
review
appeal
appeals
second
limits
jurisdiction
particular
type
final
order
see
shall
right
appeal
final
order
proceeding
test
validity
warrant
remov
al
case
concerns
third
provides
unless
circuit
justice
judge
issues
certificate
appealability
appeal
may
taken
appeals
certificate
appealability
may
issue
paragraph
applicant
made
substantial
showing
denial
constitutional
right
certificate
appealability
paragraph
shall
indicate
specific
issue
issues
satisfy
showing
required
paragraph
district
denies
relief
procedural
grounds
petitioner
seeking
coa
must
show
jurists
reason
find
debatable
whether
petition
valid
claim
denial
constitutional
right
jurists
reason
find
debatable
whether
district
correct
procedural
ruling
slack
mcdaniel
case
appeals
judge
granted
coa
identified
debatable
procedural
ruling
indicate
issue
gonzalez
made
substantial
showing
denial
constitutional
right
required
question
us
whether
defect
deprived
appeals
power
adjudicate
gonzalez
appeal
hold
endeavored
recent
years
bring
discipline
use
term
jurisdictional
henderson
shinseki
slip
recognizing
less
meticulous
use
term
past
pressed
stricter
distinction
truly
jurisdictional
rules
govern
adjudicatory
authority
nonjurisdictional
rules
kontrick
ryan
requirement
goes
jurisdiction
courts
obligated
consider
sua
sponte
issues
parties
disclaimed
presented
see
cotton
jurisdiction
never
waived
forfeited
objections
may
resurrected
point
litigation
valid
objection
may
lead
midway
briefing
dismiss
complaint
entirety
months
work
part
attorneys
may
wasted
henderson
slip
courts
said
lightly
attach
drastic
consequences
limits
congress
enacted
ibid
accordingly
applied
following
principle
rule
jurisdictional
legislature
clearly
threshold
limitation
statute
scope
shall
count
jurisdictional
arbaugh
congress
rank
statutory
limitation
coverage
jurisdictional
courts
treat
restriction
nonjurisdictional
principle
makes
particular
sense
statute
consider
backdrop
clear
jurisdictional
grant
courts
appeals
clear
limit
grant
extent
congress
intended
coa
process
outlined
limit
courts
appeals
jurisdiction
habeas
appeals
clear
jurisdictional
language
appears
explained
cockrell
plain
terms
unless
circuit
justice
judge
issues
certificate
appealability
appeal
may
taken
appeals
establish
coa
issued
federal
courts
appeals
lack
jurisdiction
rule
merits
appeals
habeas
petitioners
parties
thus
agree
jurisdictional
parties
also
agree
good
reason
section
speaks
coa
may
issue
upon
substantial
showing
denial
constitutional
right
contain
jurisdictional
terms
see
russello
congress
includes
particular
language
one
section
statute
omits
another
section
act
generally
presumed
congress
acts
intentionally
passing
strange
coa
issued
appeals
adjudicating
appeal
dutybound
revisit
threshold
showing
gauge
substantial
ity
verify
jurisdiction
inquiry
largely
duplicative
merits
question
follows
nonjurisdictional
well
like
reflects
threshold
condition
issuance
coa
coa
indication
specific
issue
issues
satisfy
showing
required
paragraph
speak
jurisdictional
terms
refer
way
jurisdiction
appeals
courts
arbaugh
internal
quotation
marks
omitted
unambiguous
jurisdictional
terms
show
congress
spoken
clearer
terms
intended
similar
jurisdictional
force
instead
contrast
underscores
failure
obtain
coa
jurisdictional
coa
failure
indicate
issue
defective
coa
equivalent
lack
coa
telling
moreover
congress
placed
power
issue
coas
hands
circuit
justice
judge
seem
somewhat
counterintuitive
render
panel
appeals
judges
powerless
act
appeals
based
coas
congress
specifically
empowered
one
appeals
judge
grant
indeed
whereas
requirement
least
describes
burden
applicant
seeking
coa
bears
indication
requirement
binds
judge
issuing
coa
notably
gonzalez
advanced
timeliness
sixth
amendment
issues
application
coa
petitioner
successfully
obtained
coa
control
judge
drafts
coa
gonzalez
case
may
done
everything
required
law
fact
compound
unfai
prejudice
resulting
sua
sponte
dismissals
remands
jurisdictional
treatment
entail
henderson
slip
treating
jurisdictional
also
thwart
congress
intent
aedpa
eliminate
delays
federal
habeas
review
process
holland
florida
slip
coa
process
screens
issues
unworthy
judicial
time
attention
ensures
frivolous
claims
assigned
merits
panels
judge
made
determination
coa
warranted
resources
deployed
briefing
argument
however
coa
fulfilled
gatekeeping
function
even
additional
screening
coas
defects
winnow
cases
courts
appeals
outweigh
costs
delay
extra
layer
review
case
alleged
defect
dispositive
exemplifies
inefficiencies
state
requests
vacate
remand
instructions
dismiss
appeal
based
defect
raised
first
time
response
petition
certiorari
delay
particularly
fruitless
numerous
cases
district
dismissed
petition
procedural
grounds
appeals
affirms
without
address
omitted
constitutional
issue
state
aided
amicus
curiae
makes
several
arguments
support
jurisdictional
treatment
none
persuasive
first
state
notes
although
speak
jurisdictional
terms
refers
back
state
argues
provided
unless
circuit
justice
judge
issues
certificate
appealability
shall
indicate
specific
issue
issues
satisfy
showing
required
paragraph
appeal
may
taken
appeals
problem
statute
provides
thing
instead
congress
set
requirements
distinct
paragraphs
rather
mirroring
terms
excluded
jurisdictional
terms
one
notably
state
concedes
nonjurisdictional
even
though
second
state
seizes
word
shall
arguing
omitted
indication
renders
coa
coa
calling
rule
nonjurisdictional
mean
mandatory
timely
objection
ignored
party
timely
raises
coa
failure
indicate
constitutional
issue
appeals
panel
must
address
defect
considering
amendment
coa
remanding
district
judge
specification
moreover
long
rejected
notion
mandatory
prescriptions
however
emphatic
properly
typed
jurisdictional
henderson
slip
see
also
dolan
slip
statute
reference
shall
alone
render
statutory
deadline
jurisdictional
nothing
prescription
establishes
omitted
indication
remain
open
issue
throughout
case
third
argues
placement
section
containing
jurisdictional
provisions
signals
jurisdictional
characterizing
certain
requirements
nonjurisdictional
occasion
observed
ion
jurisdictional
provisions
reed
elsevier
muchnick
slip
arbaugh
converse
however
necessarily
true
mere
proximity
turn
rule
speaks
nonjurisdictional
terms
jurisdictional
hurdle
fact
proximity
highlights
absence
clear
jurisdictional
terms
finally
state
analogizes
coa
notice
appeal
pointing
notice
contents
jurisdictional
prerequisites
federal
rule
appellate
procedure
provides
notice
appeal
must
specify
party
parties
taking
appeal
designate
judgment
order
part
thereof
appealed
name
appeal
taken
held
rule
dictates
jurisdictional
nature
smith
barry
reject
analogy
construed
content
requirements
notices
appeal
jurisdictional
convinced
harshness
construction
wa
legislature
torres
oakland
scavenger
rule
noted
establishes
mandatory
time
limits
filing
notice
appeal
excusing
failure
name
party
notice
appeal
violation
rule
equivalent
permitting
courts
extend
time
filing
notice
appeal
violation
rule
time
limits
filing
notice
appeal
treated
jurisdictional
american
law
well
century
bowles
russell
accordingly
advisory
committee
note
makes
distinction
among
various
requirements
rule
rule
treating
single
jurisdictional
threshold
torres
see
also
advisory
committee
viewed
requirements
rule
jurisdictional
nature
find
similar
basis
treating
paragraphs
single
jurisdictional
threshold
moreover
explaining
naming
requirement
jurisdictional
torres
reasoned
unnamed
party
leaves
notice
intended
recipient
appellee
unable
determine
certitude
whether
party
bound
adverse
judgment
held
liable
costs
sanctions
party
sit
fence
await
outcome
opt
participate
favorable
possibility
gamesmanship
present
unlike
party
fails
submit
compliant
notice
appeal
habeas
petitioner
obtains
coa
control
coa
whereas
party
failure
named
notice
appeal
gives
absolutely
notice
appeal
judge
issuance
coa
reflects
judgment
appeal
proceed
supplies
state
notice
habeas
litigation
continue
conclude
nonjurisdictional
rule
appeals
jurisdiction
adjudicate
gonzalez
appeal
iii
next
consider
whether
gonzalez
habeas
petition
time
barred
aedpa
establishes
limitations
period
state
prisoners
file
federal
habeas
relief
run
latest
four
specified
case
concerns
first
dates
date
judgment
became
final
conclusion
direct
review
expiration
time
seeking
review
question
us
judgment
becomes
final
petitioner
appeal
state
highest
construing
language
write
blank
slate
clay
addressed
aedpa
statute
limitations
federal
prisoners
seeking
postconviction
relief
see
supp
iii
beginning
period
limitations
date
judgment
conviction
becomes
final
held
federal
judgment
becomes
final
affirms
conviction
merits
direct
review
denies
petition
writ
certiorari
petitioner
seek
certiorari
time
filing
certiorari
petition
expires
holding
rejected
argument
petitioner
declines
seek
certiorari
limitations
period
starts
run
date
appeals
issues
mandate
jimenez
quarterman
described
clay
interpretation
comporting
natural
reading
statutory
text
saw
reason
depart
construing
similar
language
state
permitted
jimenez
file
direct
appeal
held
reset
limitations
period
jimenez
judgment
become
final
conclusion
direct
appeal
expiration
time
seeking
review
appeal
jimenez
seek
certiorari
made
mention
appeal
conclu
ded
rather
held
judgment
became
final
time
seeking
certiorari
review
expired
mention
date
state
issued
mandate
clay
jimenez
thus
suggested
direct
review
process
either
concludes
expires
depending
whether
petitioner
pursues
forgoes
direct
appeal
make
clear
suggested
cases
text
marks
finality
conclusion
direct
review
expiration
time
seeking
review
consists
two
prongs
prong
conclusion
direct
review
expiration
time
seeking
review
relates
distinct
category
petitioners
petitioners
pursue
direct
review
way
judgment
becomes
final
conclusion
direct
review
affirms
conviction
merits
denies
petition
certiorari
petitioners
judgment
becomes
final
expiration
time
seeking
review
time
pursuing
direct
review
state
expires
thus
agree
appeals
gonzalez
appeal
state
highest
judgment
became
final
time
seeking
review
state
highest
expired
gonzalez
offers
alternative
reading
courts
determine
conclusion
direct
review
expiration
time
seeking
review
every
petitioner
seek
certiorari
start
clock
latest
two
dates
gonzalez
rejects
uniform
definition
conclusion
direct
review
date
affirms
conviction
merits
denies
petition
certiorari
view
whenever
petitioner
seek
certiorari
conclusion
direct
review
date
state
law
marks
finality
texas
date
mandate
issues
ex
parte
johnson
crim
app
per
curiam
applying
approach
gonzalez
contends
habeas
petition
timely
direct
review
concluded
mandate
issued
september
later
date
time
seeking
texas
cca
review
expired
august
find
construction
statute
unpersuasive
first
gonzalez
lacks
textual
anchor
approach
words
latest
appear
anywhere
rather
appear
refer
latest
dates
subparagraphs
latter
three
inapplicable
nothing
contemplates
conflict
conclusion
direct
review
expiration
time
seeking
review
much
less
instructs
later
two
shall
prevail
gonzalez
reading
necessary
give
prongs
full
effect
reading
applying
one
depending
whether
direct
review
process
concludes
expires
treating
judgment
final
one
date
consistent
disjunctive
language
provision
second
gonzalez
misreads
precedents
gonzalez
asserts
jimenez
made
choice
two
prongs
mistaken
rather
chose
two
expiration
dates
corresponding
different
appeals
jimenez
initially
failed
appeal
texas
appeals
appeal
became
final
time
seeking
discretionary
review
expired
jimenez
later
allowed
file
appeal
pursued
appeals
texas
appeals
texas
cca
appeal
thus
became
final
ime
seeking
certiorari
review
expired
adopted
appeal
date
finality
initial
appeal
date
finality
critically
deeming
initial
appeal
final
expiration
time
seeking
review
state
appeal
final
expiration
time
seeking
certiorari
reinforced
clay
suggestion
expiration
prong
governs
petitioners
pursue
direct
review
way
third
gonzalez
argues
aedpa
federalism
concerns
respect
procedures
mean
read
disregard
state
law
agree
state
reopening
direct
review
reset
limitations
period
also
determine
expiration
time
seeking
direct
review
filing
deadlines
petitioners
forgo
certiorari
look
filing
deadlines
petitioners
forgo
appeals
referring
procedures
context
makes
sense
deadlines
inherently
specific
risk
relying
rules
may
differ
general
federal
rule
clay
contrast
gonzalez
urges
us
scour
state
laws
cases
determine
defines
finality
every
petitioner
forgoes
appeal
approach
usher
definitions
conclusion
direct
review
odds
uniform
definition
adopted
clay
accepted
context
jimenez
pose
serious
administrability
concerns
even
roughly
half
define
conclusion
direct
review
issuance
mandate
similar
process
brief
petitioner
still
leaves
half
either
different
rules
settled
rules
fourth
gonzalez
speculates
reading
rob
habeas
petitioners
full
limitations
period
gonzalez
asserts
reading
starts
clock
running
date
time
seeking
texas
cca
review
expired
even
though
texas
law
file
state
habeas
relief
six
weeks
later
date
texas
appeals
issued
mandate
tex
code
crim
proc
art
vernon
supp
inability
initiate
state
habeas
proceedings
six
weeks
argues
reduced
federal
habeas
filing
period
six
weeks
expect
however
rare
situation
petitioner
confronting
similar
state
laws
faces
delay
mandate
issuance
excessive
prevents
filing
federal
habeas
petition
within
petitioner
exhausted
claims
state
need
await
state
habeas
proceedings
seek
federal
habeas
relief
claims
extent
petitioner
federal
filing
period
severely
truncated
delay
mandate
issuance
unexhausted
claims
must
raised
state
habeas
review
petitioner
file
request
stay
abeyance
federal
district
see
rhines
weber
finally
gonzalez
argues
alternative
construction
petition
considered
timely
filed
within
year
time
seeking
review
opposed
texas
cca
review
expired
review
however
judgments
state
last
resort
lower
state
state
last
resort
denied
discretionary
review
rule
see
also
gonzalez
appeal
texas
cca
lacked
jurisdiction
petition
certiorari
texas
appeals
decision
affirming
gonzalez
conviction
therefore
decline
incorporate
period
seeking
certiorari
determining
gonzalez
judgment
became
final
sum
hold
mandatory
nonjurisdictional
rule
coa
failure
indicate
constitutional
issue
deprive
appeals
jurisdiction
adjudicate
gonzalez
appeal
hold
respect
state
prisoner
seek
review
state
highest
judgment
becomes
final
time
seeking
review
expires
august
thus
agree
appeals
gonzalez
federal
habeas
petition
time
barred
reasons
stated
judgment
appeals
fifth
circuit
affirmed
scalia
dissenting
rafael
arriaza
gonzalez
petitioner
rick
thaler
director
texas
department
criminal
justice
correctional
institutions
division
writ
certiorari
appeals
fifth
circuit
january
justice
scalia
dissenting
obvious
undeniable
purpose
spare
courts
appeals
trouble
entertaining
prosecution
trouble
defending
appeals
denials
relief
habeas
proceedings
unless
district
circuit
judge
identified
issue
applicant
made
substantial
showing
constitutional
violation
constitutional
issue
identified
appeal
nonconstitutional
issues
statute
limitations
issue
decides
today
lie
today
opinion
transforms
provision
allows
appeal
long
district
circuit
judge
whatever
reason
reason
approves
makes
hash
statute
opinion
thinks
alchemy
required
previously
expressed
desire
discipline
use
term
ante
quoting
henderson
shinseki
slip
true
discipline
become
code
word
eliminating
inconvenient
statutory
limits
jurisdiction
reverse
judgment
want
jurisdiction
fair
meaning
text
congress
amended
current
form
antiterrorism
effective
death
penalty
act
aedpa
entirety
section
reads
follows
habeas
corpus
proceeding
proceeding
section
district
judge
final
order
shall
subject
review
appeal
appeals
circuit
proceeding
held
shall
right
appeal
final
order
proceeding
test
validity
warrant
remove
another
district
place
commitment
trial
person
charged
criminal
offense
test
validity
person
detention
pending
removal
proceedings
unless
circuit
justice
judge
issues
certificate
appealability
appeal
may
taken
appeals
final
order
habeas
corpus
proceeding
detention
complained
arises
process
issued
state
final
order
proceeding
section
certificate
appealability
may
issue
paragraph
applicant
made
substantial
showing
denial
constitutional
right
certificate
appealability
paragraph
shall
indicate
specific
issue
issues
satisfy
showing
required
paragraph
acknowledges
ante
three
subsections
clearly
speak
jurisdiction
courts
appeals
subsection
gives
appellate
jurisdiction
appeals
circuit
proceeding
held
subsection
carves
certain
classes
cases
appellate
jurisdiction
imposes
procedural
hurdle
exercise
appellate
jurisdiction
judge
issuance
certificate
appealability
see
cockrell
paragraph
says
certificate
must
indicate
issue
issues
case
involve
substantial
showing
constitutional
violation
everyone
agrees
certificate
issued
contains
indication
see
ante
appears
fact
issuing
judge
never
considered
whether
gonzalez
constitutional
claims
satisfied
paragraph
far
know
federal
judge
ever
determined
gonzalez
made
substantial
showing
denial
constitutional
right
even
suggest
goes
decide
issue
case
basis
proceeding
fashion
remarkable
statement
defective
coa
equivalent
lack
coa
ante
simply
true
respect
significant
defect
legal
document
one
say
deed
lacks
words
conveyance
equivalent
lack
deed
passport
lacks
secretary
state
affirmance
bearer
citizenship
equivalent
lack
passport
minor
technical
defects
one
thing
defect
goes
whole
purpose
instrument
something
else
whole
purpose
procedure
make
sure
case
proceed
appeals
judge
made
determination
presents
substantial
showing
denial
constitutional
right
call
something
valid
certificate
appealability
contain
central
finding
whole
purpose
certificate
appealability
quite
absurd
says
nce
judge
made
determination
coa
warranted
resources
deployed
briefing
argument
coa
fulfilled
gatekeeping
function
ante
course
done
performed
gatekeeping
function
whatever
determination
coa
warranted
accompanied
issuing
judge
opinion
required
support
determination
issue
applicant
made
substantial
showing
denial
constitutional
right
next
sentence
today
opinion
discloses
means
fulfilled
gatekeeping
function
simply
worth
trouble
going
back
since
outweigh
costs
delay
ante
doubtless
true
demonstrates
hollowness
assurance
calling
rule
nonjurisdictional
mean
mandatory
timely
objection
ignored
ante
statement
true
enough
general
proposition
calling
numerosity
requirement
arbaugh
nonjurisdictional
example
eliminate
protest
made
continuing
mandatory
requirement
relief
merits
even
requirement
eberhart
per
curiam
continued
bite
even
though
held
nonjurisdictional
prevented
relief
failure
observe
challenged
managed
create
today
mandatory
requirement
precisely
worth
trouble
going
back
practical
consequence
issuing
judge
properly
preserved
objection
produces
coa
like
one
contain
required
opinion
none
whatever
habeas
petitioner
already
wants
argument
appeals
government
part
either
confident
view
substantial
showing
denial
constitutional
right
case
easy
easier
win
three
judges
one
else
case
crusade
enforce
likely
yield
nothing
additional
litigation
expenses
panel
appeals
remains
free
always
choose
whichever
basis
wishes
resolving
case
cf
steel
citizens
better
environment
choose
one
sure
final
might
avoid
embarrassing
colleague
one
interest
enforcing
mandatory
requirement
perhaps
proceed
discuss
mandatory
requirements
appeal
always
made
jurisdictional
past
treatment
similar
provisions
acknowledges
including
interpretation
similar
provisions
many
years
past
relevant
whether
statute
ranks
requirement
jurisdictional
ante
quoting
reed
elsevier
muchnick
slip
thus
said
requirement
prescribed
condition
obtaining
judicial
review
agency
action
quite
different
nonjurisdictional
requirement
prescribed
condition
appeal
one
another
jurisdictional
see
henderson
slip
always
always
without
exception
held
procedural
conditions
appealing
case
one
article
iii
another
appeal
taken
within
time
prescribed
law
appeals
without
george
victor
talking
machine
per
curiam
see
also
robinson
party
name
listed
notice
appeal
federal
rules
appellate
procedure
require
jurisdiction
party
appeal
torres
oakland
scavenger
reviewed
cases
writ
error
law
quired
record
filed
end
term
next
succeeding
issue
writ
edmonson
bloomshire
wall
routinely
dismissed
cases
comply
requirement
see
mesa
black
per
curiam
edmonson
supra
steamer
virginia
west
jurisdictional
treatment
accorded
failure
serve
notice
defendant
error
within
succeeding
term
see
curry
villabolos
failure
file
writ
error
clerk
lower
see
credit
arkansas
central
scarborough
pargoud
today
petition
certiorari
civil
case
filed
within
time
prescribed
lacks
jurisdiction
federal
election
nra
political
victory
fund
citing
missouri
jenkins
see
also
matton
murphy
per
curiam
strict
rule
enforcing
jurisdictional
requirements
attached
appeals
applied
requirement
contained
statute
even
addressed
courts
section
title
charges
solicitor
general
conduct
ing
argu
ing
suits
appeals
interested
held
absent
independent
statutory
authority
agency
petition
certiorari
filed
without
authorization
solicitor
general
suffice
invoke
jurisdiction
nra
political
victory
fund
supra
jurisdictional
enforcement
procedural
requirements
appeal
deep
roots
jurisprudence
chief
justice
taney
dismissed
appeal
citation
issued
served
time
power
receive
appeal
mode
provided
law
villabolos
supra
chief
justice
chase
wrote
case
dismissing
appeal
failure
file
time
judiciary
act
many
acts
since
congress
provided
appellate
courts
exercise
jurisdiction
cases
classes
cases
regulations
seemed
legislative
wisdom
convenient
appropriate
always
regarded
appeals
cases
excepted
grant
appellate
power
always
felt
bound
give
effect
regulations
congress
prescribed
manner
exercise
castro
wall
jurisdictional
nature
predecessor
provision
similarity
general
type
provision
always
held
jurisdictional
supports
jurisdictional
character
predecessor
statute
made
judge
expression
opinion
condition
appellate
jurisdiction
certificate
probable
cause
coa
born
arrived
scene
years
ago
act
restricting
certain
cases
right
appeal
habeas
corpus
proceedings
act
mar
ch
stat
rom
final
decision
proceeding
habeas
corpus
detention
complained
virtue
process
issued
state
appeal
shall
allowed
unless
final
decision
rendered
justice
shall
opinion
exists
probable
cause
appeal
event
allowing
said
justice
shall
probable
cause
allowance
last
version
statute
amended
current
form
aedpa
provided
issuance
certificate
probable
cause
circuit
judge
instead
justice
see
stat
codified
even
applying
simplistic
rule
jurisdictional
restriction
must
contained
paragraph
procedural
requirement
doubt
statute
judge
certification
probable
cause
appeal
jurisdictional
see
ex
parte
patrick
per
bilik
strassheim
per
reason
whatever
think
congress
rendered
statement
opinion
unnecessary
jurisdiction
extending
requirement
proceedings
requiring
opinion
address
specific
point
probable
cause
appeal
presence
issue
presenting
substantial
showing
denial
constitutional
right
giving
document
judge
required
express
opinion
name
certificate
appealability
certificate
appealability
without
opinion
suffice
neither
one
steps
combined
suggest
elimination
jurisdictional
status
required
expression
strange
way
achieving
result
strange
way
however
dividing
complex
lengthy
provision
manageable
subsections
stare
decisis
effect
torres
addition
fact
conditions
attached
appeal
always
held
jurisdictional
fact
statute
predecessor
held
considered
found
jurisdictional
statute
presenting
precisely
issue
provision
governing
appeals
made
particular
content
required
element
document
statute
said
necessary
jurisdiction
separate
section
excluded
jurisdictional
terms
ante
case
flatly
contradicts
today
holding
torres
oakland
scavenger
dealt
rule
federal
rules
appellate
procedure
rule
rules
makes
notice
appeal
necessary
appellate
jurisdiction
makes
certificate
appealability
necessary
rule
like
contain
jurisdictional
language
says
requisite
notice
appeal
must
contain
says
requisite
certificate
appealability
must
contain
notice
appeal
must
specify
party
parties
taking
appeal
naming
one
caption
body
notice
designate
judgment
order
part
thereof
appealed
name
appeal
taken
torres
held
appeals
lacked
jurisdiction
appeal
party
properly
named
notice
appeal
parallel
perfect
claims
jurisdictional
consequences
rule
legislature
ante
quoting
torres
supra
according
analysis
state
ante
quoting
arbaugh
rule
jurisdictional
legislature
precisely
made
particular
document
necessary
jurisdiction
specified
document
must
certainly
agree
clear
statement
document
requisite
content
necessary
jurisdiction
distinguish
torres
find
something
else
rule
provided
clear
statement
congress
intended
ante
best
come
ante
unclear
statement
congress
advisory
committee
notes
referred
torres
opinion
notes
course
product
advisory
committee
congress
transmitted
congress
rule
enacted
law
vonn
words
species
legislative
history
know
precedent
proposition
legislative
history
satisfy
requirement
imposed
opinions
today
distinguishing
torres
mean
legislative
history
waive
sovereign
immunity
see
nordic
village
abrogate
sovereign
immunity
see
atascadero
state
scanlon
give
retroactive
effect
new
legislation
see
greene
foreclose
review
agency
actions
see
abbott
laboratories
gardner
today
opinion
respect
make
matters
worse
advisory
committee
note
considered
torres
support
view
clearly
say
rule
requirements
jurisdictional
said
rule
combine
require
notice
appeal
filed
clerk
district
within
time
prescribed
taking
appeal
timely
filing
notice
appeal
mandatory
jurisdictional
robinson
compliance
provisions
rules
utmost
importance
quoting
alteration
omitted
emphasis
added
say
timely
filing
notice
appeal
jurisdictional
placing
within
notice
appeal
rule
says
must
contain
utmost
importance
remotely
add
clear
statement
placing
within
notice
appeal
rule
says
must
contain
jurisdictional
simply
principled
basis
saying
torres
satisfies
principle
ante
except
commonsense
notion
document
made
jurisdictional
required
contents
document
specified
document
contain
contents
confer
willing
say
torres
longer
good
law
doubt
whether
future
litigants
coy
know
past
avoid
uncongenial
rigidity
rule
procedures
attending
appeals
jurisdictional
performed
wondrous
contortions
find
compliance
rules
example
smith
barry
held
informal
brief
filed
defective
notice
appeal
counted
valid
notice
appeal
foman
davis
held
notice
appeal
denial
motion
vacate
judgment
also
notice
appeal
underlying
judgment
houston
lack
held
prisoner
notice
appeal
filed
delivered
prison
authorities
forwarding
district
shall
say
creative
interpretations
procedural
requirements
made
necessary
background
principle
centuries
old
mode
prescribed
removing
cases
writ
error
appeal
strict
technical
likely
produce
inconvenience
injustice
congress
provide
remedy
altering
existing
laws
curry
willing
expose
ridicule
order
approve
implausible
compliance
procedural
prerequisites
appeal
surely
may
willing
continue
expand
process
simply
converting
obnoxious
prerequisites
favored
claims
processing
rules
enabling
us
avoid
unseemly
contortions
simply
invoking
principles
equity
began
effort
discipline
use
term
ante
quoting
henderson
slip
shows
signs
becoming
libertine
liberating
romp
established
jurisprudence
ii
remaining
points
raised
opinion
warrant
response
holds
requirement
imposed
paragraph
coa
may
issue
applicant
made
substantial
showing
denial
right
jurisdictional
says
follows
nonjurisdictional
well
ante
need
reach
issue
whether
jurisdictional
though
seems
disposes
rather
summarily
solicitor
general
view
need
confront
argument
jurisdictional
think
well
whether
one
runs
backwards
forwards
argument
bad
one
assuming
nonjurisdictional
follow
nonjurisdictional
well
paragraph
jurisdictional
located
subsection
describes
required
content
coa
paragraph
sets
forth
criterion
coa
issuance
judge
may
apply
criterion
erroneously
still
produce
coa
paragraph
requires
indicate
specific
issue
issues
satisfy
showing
required
paragraph
follows
erroneousness
judge
indication
must
destroy
jurisdiction
coa
creates
followed
predecessor
statute
erroneousness
certification
probable
cause
appeal
destroyed
jurisdiction
certification
two
issues
quite
separate
judge
must
find
coa
certification
must
contain
points
gonzalez
raised
sixth
amendment
issue
application
coa
petitioner
successfully
obtained
coa
control
judge
drafts
coa
petitioner
gonzalez
case
may
done
everything
required
law
ante
perhaps
true
defective
coa
gonzalez
fault
though
promptly
moved
amend
elimination
jurisdiction
forbidden
bowles
russell
enforced
time
limit
notice
appeal
district
purported
extend
time
file
appellant
complied
order
matter
fault
lay
finally
points
treating
jurisdictional
waste
lot
time
even
additional
screening
coas
defects
winnow
cases
courts
appeals
outweigh
costs
delay
extra
layer
review
ante
argument
directed
statute
us
argument
directed
enforcement
jurisdictional
requirements
suspect
object
mounting
disfavor
argument
may
even
true
except
presumably
rare
case
jurisdictional
prescription
disregarded
long
term
time
saved
judges
lawyers
enforceable
requirement
appeals
screened
single
judge
may
vastly
outweigh
time
wasted
occasional
need
enforcement
seems
congress
believed
terminology
destiny
today
holding
erosion
prior
jurisprudence
perhaps
follow
upon
foreshadowed
facilitated
unfortunate
terminology
chosen
accompany
campaign
bring
discipline
determinations
jurisdiction
said
universe
rules
placing
limitations
upon
courts
divided
claims
processing
rules
rules
unless
prior
jurisprudence
repudiated
false
dichotomy
requirement
unsuccessful
litigant
file
timely
notice
appeal
example
term
meaning
rule
ordering
process
claims
adjudicated
yet
discussed
procedures
must
followed
proceed
one
another
always
deemed
jurisdictional
proper
dichotomy
claims
processing
rules
jurisdictional
put
otherwise
suggests
test
jurisdiction
found
end
day
indication
requirement
legislature
judicial
process
torres
quoting
schiavone
fortune
whether
enforcement
leads
harsh
result
wastes
time
particular
case
though
give
reason
prevents
us
reaching
circuit
conflict
dying
resolve
obliged
enforce
respectfully
dissent
footnotes
circuits
divided
whether
defect
coa
jurisdictional
bar
compare
phelps
alameda
porterfield
bell
young
cepero
en
banc
yes
circuits
divided
judgment
becomes
final
petitioner
forgoes
review
state
highest
compare
case
date
time
seeking
review
expires
hemmerle
schriro
riddle
kemna
en
banc
date
state
issues
mandate
also
held
context
including
interpretation
similar
provisions
many
years
past
relevant
whether
statute
ranks
requirement
jurisdictional
reed
elsevier
muchnick
slip
however
even
though
requirement
coa
predecessor
certificate
probable
cause
cpc
dates
back
congress
enact
indication
requirement
thus
long
line
decisions
left
undisturbed
congress
rely
union
pacific
locomotive
engineers
trainmen
comm
adjustment
central
region
slip
issuance
cpc
like
issuance
coa
jurisdictional
contrary
dissent
assertions
post
opinion
scalia
fact
suggest
indication
requirement
jurisdictional
well
anything
inference
runs
way
nearly
century
judge
granting
withholding
cpc
absent
indication
issues
fully
effective
expression
opinion
post
required
appeal
proceed
aedpa
new
requirement
judges
indicate
specific
issues
raised
appeal
predecessor
provision
indeed
primary
difference
cpc
coa
amicus
curiae
contends
jurisdictional
state
concedes
tr
oral
arg
courts
appeals
uniformly
interpret
circuit
justice
judge
encompass
district
judges
see
mitchell
cadc
collecting
cases
fed
rule
app
proc
habeas
corpus
rule
requires
district
judges
decide
whether
grant
deny
coa
first
instance
fact
also
distinguishes
indication
requirement
every
provisio
dissent
claims
deemed
jurisdictional
post
none
cases
addressing
provisions
moreover
recognized
relied
sweeping
rule
dissent
invokes
whereby
enforce
jurisdictional
procedural
conditions
appealing
case
one
article
iii
another
ibid
see
post
conceding
rule
apply
criminal
appeals
becker
montgomery
failure
sign
notice
appeal
nonjurisdictional
omission
cases
meanwhile
involved
time
limits
save
one
involving
federal
rule
appellate
procedure
address
infra
bowles
russell
emphasized
century
worth
precedent
treating
statutory
time
limits
appeals
jurisdictional
even
bowles
hold
statutory
conditions
imposing
time
limit
considered
jurisdictional
reed
elsevier
slip
case
event
involves
different
type
procedural
condition
dissent
insistence
practical
effect
treating
rule
mandatory
post
ignores
real
world
courts
appeals
regularly
amend
coas
remand
specification
issues
notwithstanding
supposed
potential
embarras
colleague
post
see
saunders
senkowski
per
curiam
amending
coa
add
issue
weaver
cadc
remanding
specification
issues
government
frequently
alleges
coa
defects
grounds
dismissal
state
late
stage
apparently
sharing
dissent
concern
efforts
yield
nothing
additional
litigation
expenses
post
see
porterfield
cepero
habeas
petitioners
every
incentive
request
defects
resolved
defuse
potential
problems
later
litigation
also
ensure
issue
sought
appeal
certified
receive
full
briefing
consideration
dissent
claims
fail
give
stare
decisis
effect
torres
post
setting
aside
fact
torres
involved
unrelated
federal
rule
featuring
different
textual
contextual
historical
backdrop
dissent
notably
fails
grapple
indeed
opinion
bereft
quotation
supporting
reasoning
opinion
reasoning
simply
applicable
title
provides
period
limitation
shall
apply
application
writ
habeas
corpus
person
custody
pursuant
judgment
state
limitation
period
shall
run
latest
date
judgment
became
final
conclusion
direct
review
expiration
time
seeking
review
date
impediment
filing
application
created
state
action
violation
constitution
laws
removed
applicant
prevented
filing
state
action
date
constitutional
right
asserted
initially
recognized
right
newly
recognized
made
retroactively
applicable
cases
collateral
review
date
factual
predicate
claim
claims
presented
discovered
exercise
due
diligence
gonzalez
also
argues
lawrence
florida
supports
focus
state
issuance
mandate
referred
mandate
determining
state
postconviction
proceedings
longer
pending
lawrence
however
inapposite
case
involved
different
provision
terms
refers
state
procedures
compare
psl
realty
granite
inv
judgment
final
entered
gillis
enterprises
wyo
judgment
final
opinion
filed
clerk
ex
parte
johnson
texas
cca
per
curiam
judgment
final
issuance
mandate
note
gonzalez
waited
four
months
date
mandate
issuance
filing
state
habeas
petition
see
petition
dismissed
improperly
filed
gonzalez
waited
another
three
months
refiling
ibid
even
state
habeas
proceedings
concluded
several
weeks
federal
deadline
elapsed
footnotes
suggests
ignor
real
world
ante
litigants
courts
taken
steps
correct
defective
coa
actions
unsurprising
world
possibility
treat
jurisdictional
requirement
appeals
already
done
new
world
making
certain
issuing
judge
failure
identify
issue
justifying
coa
jurisdictional
consequences
yet
unexplored
since
time
limits
filing
petitions
certiorari
criminal
cases
enacted
congress
promulgated
authority
congress
prescribe
rules
held
may
relaxed
exercise
discretion
ends
justice
require
schacht
indication
requirement
course
imposed
legislature
judicial
process
schiavone
fortune
cites
becker
montgomery
ante
held
appellant
failure
sign
notice
appeal
see
fed
rule
civ
proc
within
time
prescribed
filing
notice
appeal
see
fed
rule
app
proc
require
dismissal
notice
timely
filed
hold
however
signing
requirement
nonjurisdictional
occasion
held
becker
complied
civil
rule
error
promptly
called
attention
quoting
fed
rule
civ
proc
believes
fact
new
requirement
predecessor
provision
suggests
nonjurisdictional
ante
begin
new
predecessor
provision
merely
adds
detail
jurisdictional
opinion
previously
required
even
requirement
entirely
unprecedented
appears
within
textual
structure
makes
jurisdictional
opinion
torres
oakland
scavenger
held
see
infra
entirely
unprecedented
jurisdictional
provision
opinion
suggests
seem
somewhat
counterintuitive
render
panel
appeals
judges
powerless
act
appeals
based
coas
congress
specifically
empowered
one
appeals
judge
grant
ante
begin
think
anomaly
makes
entire
sense
enable
single
circuit
judge
nip
improper
appeals
bud
sparing
parties
trouble
appeal
courts
expenditure
three
times
much
judicial
energy
anomaly
one
existed
well
prior
statute
held
jurisdictional
claim
torres
involved
different
textual
contextual
historical
backdrop
ante
withstand
scrutiny
first
consider
textual
backdrop
really
believe
rule
statement
notice
appeal
must
specify
appealing
party
jurisdictional
language
ante
shall
indicate
issue
issues
say
much
since
readily
distinguish
torres
consider
contextual
whatever
means
backdrop
provision
language
specifies
another
document
jurisdictional
light
statutory
text
history
must
contain
two
cases
course
literally
different
ante
legally
relevant
way
also
tries
distinguish
torres
ground
failure
comply
rule
presented
different
possibility
gamesmanship
ante
presented
fail
see
relevance
happenstance
premise
opinion
question
jurisdiction
vel
non
governed
principle
ante
statement
precisely
clear
statement
torres
enforce
clear
statements
possibility
gamesmanship
purposivism
defies
textual
analysis
held
nowakowski
maroney
per
curiam
district
judge
grants
certificate
probable
cause
appeals
must
grant
appeal
proceed
disposition
appeal
accord
ordinary
procedure
see
also
carafas
lavallee
nowakowski
requires
appeal
considered
merits
cases
certificate
probable
cause
granted
may
well
called
false
dichotomy
indeed
meant
revise
jurisprudence
kontrick
ryan
said
way
dictum
following
clarity
facilitated
courts
litigants
used
label
rules
prescriptions
delineating
classes
cases
jurisdiction
persons
personal
jurisdiction
falling
within
adjudicatory
authority
unless
appeal
lacking
timely
filing
notice
appeal
considered
one
falls
outside
appellate
jurisdiction
odd
usage
kontrick
dictum
effectively
announced
today
decision
overruling
torres
browder
director
dept
corrections
elimination
jurisdictional
treatment
procedural
requirements
appeal
announcement
heeded
demonstrated
bowles
russell
decided
kontrick
dissent
author
kontrick
reaffirmed
browder
confess
error
joining
quoted
portion
kontrick