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CAREY v. SAFFOLD

No. 01-301.

536 U.S. 214 (2002)

122 S.Ct. 2134

153 L.Ed.2d 260

CAREY, WARDEN v. SAFFOLD

Supreme Court of United States.

Decided June 17, 2002.

Attorney(s) appearing for the Case

Stanley A. Cross, Supervising Deputy Attorney General of California, argued the cause for petitioner. With him on the brief were Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, and Jo Graves and Arnold O. Overoye, Senior Assistant Attorneys General.

David W. Ogden argued the cause for respondent. With him on the brief were Mary Katherine McComb, by appointment of the Court, 534 U.S. 1053, and Seth P. Waxman.*

Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, p. 227.

Justice Breyer, delivered the opinion of the Court.

The federal Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a state prisoner seeking a federal habeas corpus remedy to file his federal petition within one year after his state conviction has become "final." 28 U. S. C. § 2244(d)(1)(A). The statute adds, however, that the 1-year period does not include the time during which an application for...

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