United States Tenth Circuit

Because an "appeal out of time" granted to petitioner by the Oklahoma Court of Criminal Appeals constitutes "direct review" for purposes of 28 U.S.C. section 2244(d)(1)(A), his federal habeas petition was timely filed.

Appellate Information

• Decided 02/04/2003
• Published 02/04/2003

Judges

• BRISCOE, Circuit Judge., Before KELLY, PORFILIO, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen J. Cribari and Charles W. Chotvacs, University of Denver College of Law, Denver, CO, for Petitioner-Appellant.


• For Appellees:
  
• Kellye Bates, Assistant Attorney General, (W.A. Drew Edmondson, Attorney General, with her on the briefs), Oklahoma City, OK, for Respondent-Appellee.