Whether the correct calculation of the statute of limitations in a habeas corpus action under 28 USC 2254 where the petitioner has filed for state postconviction relief before his direct appeal has reached finality should be established as a precedent, or whether the record requires a remand directing the circuit court to issue a certificate of appealability

QUESTIONS PRESENTED I. WHETHER THIS COURT SHOULD PROCEED TO ESTABLISH A PRECEDENT AS TO THE CORRECT CALCULATION OF THE STATUTE OF LIMITATIONS IN A HABEAS CORPUS ACTION UNDER 28 USC 2254 WHERE THE PETITIONER HAS FILED FOR STATE POSTCONVICTION RELIEF BEFORE HIS DIRECT APPEAL HAS REACHED FINALITY, OR WHETHER THE COURT SHOULD SUMMARILY RULE THE RECORD OF THE INSTANT CASE REQUIRES A REMAND DIRECTING THE CIRCUIT COURT TO ISSUE A CERTIFICATE OF APPEALABILITY TO INITIATE ADJUDICATION OF THE QUESTION IN THE LOWER COURT. Il. WHETHER THIS COURT WILL FIND IT NECESSARY TO ESTABLISH A PRECEDENT AS TO WHETHER THE RULE OF LENITY WILL BE APPLIED TO STATUTES GOVERNING HABEAS REVIEW. 2 Petitioner (Petitioner and Appellant below): Represented by Kent A. Simmons Attorney at Law PO Box 594 Bettendorf, lowa 52722 ttswlaw@gmail.com Respondent (Respondent and Appellee below): Represented by Kevin Cmelik Assistant Attorney General 2nd Floor Hoover Building Des Moines, lowa 50319 3