Summary
This Eighth Circuit opinion determines whether an Arkansas motion for a belated direct appeal constitutes 'collateral review' that tolls the one-year statute of limitations for federal habeas corpus petitions under AEDPA. The court holds that because such motions occur outside the direct appeal process and mandate judicial reexamination of the underlying conviction, they trigger statutory tolling. Accordingly, the court reverses the district court's time-barred dismissal and remands the case for further proceedings.
Topics
Practice areas
Questions Presented
- Whether an Arkansas motion for a belated appeal constitutes “collateral review” under 28 U.S.C. §2244(d)(2) and therefore tolls the AEDPA one‑year limitations period.
- Whether the district court erred in finding Garrett’s habeas petition untimely.
Holdings
- An Arkansas belated‑appeal motion is collateral review under 28 U.S.C. §2244(d)(2) and therefore tolls the one‑year limitations period.
- The district court erred; the petition is timely because the belated‑appeal motion tolled the limitations period.
Key quotations
““collateral review” consists of a “judicial reexamination of a judgment or claim in a proceeding outside of the direct review process.” Wall v. Kholi, 562 U.S. at 553 (emphasis added)”
“A criminal defendant has a constitutional right to counsel on the first direct appeal. Ahumada v. United States, 994 F.3d at 960 (8th Cir. 2021).”
Factual background
Garrett was convicted of sexual assault in August 2019 and asked his trial counsel to file a direct appeal. The counsel withdrew on September 11, 2019, without informing Garrett until October 8, 2019, by which time the 30‑day appeal window had expired. Garrett filed a belated‑appeal motion in Arkansas, which was ultimately denied, and later filed a federal habeas petition alleging a violation of his right to a direct appeal.
Procedural history
Garrett was convicted of second‑degree sexual assault in Arkansas in 2019. His counsel withdrew before filing a notice of appeal, and his belated‑appeal motion was denied by the Arkansas Supreme Court. He filed a federal habeas petition in 2020, which the district court dismissed as time‑barred. The Eighth Circuit reviewed the tolling question.
Remand instructions
Remand for further proceedings consistent with the finding that the belated‑appeal motion tolls the AEDPA limitations period.