Summary
The Ninth Circuit certified a question to the Washington Supreme Court regarding the definition of "pending" for statutory tolling under 28 U.S.C. § 2244(d)(2) in habeas corpus proceedings. The issue is whether a personal restraint petition (PRP) is final for AEDPA purposes when the Washington Supreme Court denies a motion to modify a commissioner's order denying discretionary review, or only when the Washington Court of Appeals clerk issues a certificate of finality under Rule 16.15(e)(1)(c). The case highlights the interplay between state procedural rules on finality and federal habeas statute of limitations.
Topics
Practice areas
Questions Presented
- At what point does a personal restraint petition proceeding become final under Washington law for purposes of AEDPA statutory tolling: when the Washington Supreme Court denies a motion to modify an order of its Commissioner denying discretionary review, or when the Clerk of the Washington Court of Appeals issues a certificate of finality as required by Rule 16.15(e)(1)(c) of the Washington Rules of Appellate Procedure?
Key quotations
“We respectfully ask the Washington Supreme Court to answer the certified question presented below, pursuant to Revised Code of Washington ("RCW") § 2.60.020, because we have concluded that a dispositive question of state law applies to the claim, and therefore "it is necessary to ascertain the local law of [Washington] state in order to dispose of [this] proceeding and the local law has not been clearly determined."” (1021)
“Is the denial of a personal restraint petition final when the Washington Supreme Court denies a motion to modify an order of its Commissioner denying discretionary review of the state appellate court's denial, or is the denial not final until the Clerk of the Washington Court of Appeals issues a certificate of finality as required by Rule 16.15(e)(1)(c) of the Rules of Appellate Procedure?” (1025)
Factual background
Phongmanivan was convicted of two counts of assault in Washington state court in 2011 and sentenced to 306 months. After direct review ended on December 11, 2013, he filed a personal restraint petition (PRP) in the Washington Court of Appeals on February 4, 2015. The Court of Appeals dismissed the PRP on May 4, 2015. He then sought discretionary review in the Washington Supreme Court, which was denied by the Commissioner and then by the full court on February 10, 2016. The certificate of finality was issued by the Clerk of the Washington Court of Appeals on April 1, 2016. Phongmanivan filed his federal habeas petition on April 9, 2016. The district court held that the limitations period resumed on February 10, 2016, making the petition untimely, and dismissed the petition with prejudice.
Procedural history
The United States District Court for the Western District of Washington dismissed Phongmanivan's federal habeas petition as untimely. Phongmanivan appealed. The Ninth Circuit certified a question to the Washington Supreme Court regarding the finality of a personal restraint petition under Washington law for purposes of AEDPA statutory tolling.