Can a federal petition for writ of habeas corpus be filed before the expiration of the time to seek direct review?
MultiRegion, United States of America
The following excerpt is from McMonagle v. Meyer, No. CIV S-11-2115 GGH P (E.D. Cal. 2012):
Under the Anti-Terrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C. 2244(d)(1)(A), a federal petition for writ of habeas corpus ordinarily must be filed within one year after the state court judgment becomes final by the conclusion of direct review or the expiration of the time to seek direct review. E.g., Porter v. Ollison, 620 F.3d 952, 958 (9th Cir. 2010).
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