What is the grace period for filing a federal habeas petition under AEDPA?
MultiRegion, United States of America
The following excerpt is from Clark v. Swarthout, No. 2:12-cv-1365-KJM-EFB P (E.D. Cal. 2013):
(9th Cir. 2008). Since petitioner's conviction became final prior to the April 24, 1996 enactment of AEDPA, he had a one-year grace period to file his federal petition. Patterson v. Stewart, 251 F.3d 1243, 1245 (9th Cir. 2001). Thus, petitioner had until April 24, 1997 to file his federal habeas petition. Absent tolling, his May 3, 2012 application in this court is more than fifteen years late.
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