Does a federal habeas court need to begin its AEDPA statute- limitations analysis with the relevant timeliness calculations?
MultiRegion, United States of America
The following excerpt is from Kelly v. Beard, CASE NO. 13cv0236-DMS(KSC) (S.D. Cal. 2014):
A federal habeas court should "begin [its AEDPA statute of limitations analysis] with the relevant timeliness calculations." Miranda, 292 F.3d at 1065; Jorss v. Gomez, 311 F.3d 1189, 1192 (9th Cir. 2002) ("a court must first determine whether a petition was untimely under the statute itself before it considers whether [statutory or] equitable tolling should be applied").
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