United States Eighth Circuit

On remand from the Supreme Court for reconsideration in light of Jimenez v. Quarterman, 129 S. Ct. 681 (2009), where the Court held that a state court's grant of a right to file an out-of-time direct appeal resets the date when the conviction becomes "final" under Antiterrorism and Effective Death Penalty Act, district court's denial of habeas relief is affirmed where the case at hand is factually distinguishable from Jimenez and thus not controlled by its holding and here, petitioner sought federal habeas relief before the state trial court granted him a new direct appeal.

Appellate Information

• Decided 09/03/2009
• Published 09/03/2009

Judges

• SMITH, Circuit Judge., Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Stecker, argued, Columbus, NE; Michael N. Loebl, Augusta, GA, for appellant.


• For Appellees:
  
• J. Kirk Brown (Solicitor General), Lincoln, NE, for appellee.