Can a state prisoner seek review of an adverse lower court decision by filing a notice of appeal instead of filing a petition to the Court of Appeal?

MultiRegion, United States of America

The following excerpt is from Delaney v. Gastelo, No. 1:15-cv-01289-LJO-SKO HC (E.D. Cal. 2016):

Under California law, "a state prisoner may seek review of an adverse lower court decision by filing the original petition (rather than a notice of appeal) in the higher court, and that petition is timely if filed within a 'reasonable time.'" Evans v. Chavis, 546 U.S. 189, 192-93 (2006). "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 193.

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