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appealtrialpiracy
appealtrialpiracy

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Lawrence; U.S. v.

Facts

Petitioner Gary Lawrence and his wife used a pipe and baseball bat to kill Michael Finken. A Florida jury convicted Lawrence of first-degree murder, conspiracy to commit murder, auto theft, and petty theft. The trial court sentenced Lawrence to death. The Florida Supreme Court affirmed Lawrence's conviction and sentence on appeal, and this Court denied certiorari on January 20, 1998. On January 19, 1999, 364 days later, Lawrence filed an application for state postconviction relief in a Florida trial court. The court denied relief, and the Florida Supreme Court affirmed, issuing its mandate on November 18, 2002. Lawrence sought review of the denial of state postconviction relief in this Court, which was denied on March 24, 2003. While Lawrence's petition for certiorari was pending, he filed the present federal habeas application.

Petitioner Gary Lawrence and his wife used a pipe and baseball bat to kill Michael Finken. A Florida jury convicted Lawrence of first-degree murder, conspiracy to commit murder, auto theft, and petty theft. The trial court sentenced Lawrence to death. The Florida Supreme Court affirmed Lawrence's conviction and sentence on appeal, and this Court denied certiorari on January 20, 1998. On January 19, 1999, 364 days later, Lawrence filed an application for state postconviction relief in a Florida trial court. The court denied relief, and the Florida Supreme Court affirmed, issuing its mandate on November 18, 2002. Lawrence sought review of the denial of state postconviction relief in this Court, which was denied on March 24, 2003. While Lawrence's petition for certiorari was pending, he filed the present federal habeas application.

Issue

Whether the limitations period under 28 U.S.C. 2244(d)(2) is tolled during the pendency of a petition for certiorari seeking review of the denial of state postconviction relief.

Whether the limitations period under 28 U.S.C. 2244(d)(2) is tolled during the pendency of a petition for certiorari seeking review of the denial of state postconviction relief.

Rule

The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

Analysis

The Court held that the tolling provision under 2244(d)(2) does not apply during the pendency of a certiorari petition. The Court reasoned that once the state courts have entered a final judgment on the matter, the application for state postconviction review is no longer pending, even if a petition for certiorari has been filed. The Court also noted that the law was sufficiently clear that tolling under 2244(d)(2) was not available while a certiorari petition was pending.

The Court held that the tolling provision under 2244(d)(2) does not apply during the pendency of a certiorari petition. The Court reasoned that once the state courts have entered a final judgment on the matter, the application for state postconviction review is no longer pending, even if a petition for certiorari has been filed. The Court also noted that the law was sufficiently clear that tolling under 2244(d)(2) was not available while a certiorari petition was pending.

Conclusion

The Court affirmed the judgment of the U.S. Court of Appeals for the Eleventh Circuit, concluding that the limitations period was not tolled during the pendency of the certiorari petition.

The Court affirmed the judgment of the U.S. Court of Appeals for the Eleventh Circuit, concluding that the limitations period was not tolled during the pendency of the certiorari petition.

Who won?

The State of Florida prevailed in the case because the Supreme Court upheld the lower court's ruling that the habeas petition was untimely.

The State of Florida prevailed in the case because the Supreme Court upheld the lower court's ruling that the habeas petition was untimely.

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