No. 20-490

Damien Freeman v. Lyneal Wainwright, Warden

Lower Court: Sixth Circuit
Docketed: 2020-10-15
Status: Denied
Type: Paid
Experienced Counsel
Tags: aedpa circuit-split federal-habeas final-judgment habeas-corpus habeas-petition resentencing state-court-judgment statute-of-limitations
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the statute of limitations for filing a habeas petition begins when the new judgment entered following resentencing becomes final

Question Presented (from Petition)

QUESTION PRESENTED A state prisoner has one year from the time that “the judgment” becomes final to file a habeas petition. 28 U.S.C. § 2244(d)(1)(A). Applying this statute of limitations is straightforward when a prisoner is still in custody pursuant to an original state-court judgment. But the provision has generated much confusion when a state court enters a new judgment following a prisoner’s resentencing. In this common situation, does the limitations period run from the original judgment, the new judgment, or some combination of the two depending on the claims asserted? Eight courts of appeals have faced this question and have arrived at four different conclusions. Under two approaches (adopted by six circuits), petitioner’s challenge to his conviction would be timely. But, under the other two approaches (including the Sixth Circuit’s approach here), his challenge is barred by the statute of limitations. The question presented is: Whether the statute of limitations for filing a habeas petition begins when the new judgment entered following resentencing becomes final.

Docket Entries

2021-01-11
Petition DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-08
Reply of petitioner Damien Freeman filed. (Distributed)
2020-11-13
Motion to delay distribution of the petition for a writ certiorari until December 9, 2020 granted.
2020-11-12
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 24, 2020 to December 9, 2020, submitted to The Clerk.
2020-11-09
Brief of respondent Lyneal Wainwright in opposition filed.
2020-10-09
Petition for a writ of certiorari filed. (Response due November 16, 2020)

Attorneys

Damien Freeman
Mark W. MosierCovington & Burling, LLP, Petitioner
Mark W. MosierCovington & Burling, LLP, Petitioner
Lyneal Wainwright
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent