Brian McMonagle v. Don Meyer

FACTS AND PROCEDURAL HISTORY

On November 21, 2008, Brian Joseph McMonagle was convicted by a jury of (i) misdemeanor driving under the influence of alcohol (“DUI”) and (ii) driving with a blood alcohol level of .08% or more. The jury also determined that McMonagle drove with a blood alcohol level of .15% or more. McMonagle admitted a prior conviction as to each count and was sentenced to summary probation for three years, and 15 days in jail. McMonagle appealed his conviction to the Appellate Division of the Superior Court of California (“Appellate Division”). On December 18, 2009, the Appellate Division reversed McMonagle’s conviction for driving with a blood alcohol level of .08% and in excess of .15% in the wake of the Supreme Court’s ruling in Crawford v. Washington, 541 U.S. 34 (2004). Following the reasoning set forth in Crawford, the Appellate Division held that McMonagle’s Confrontation Clause rights were violated when the state trial court admitted McMonagle’s blood alcohol lab report without the sponsoring testimony of the analyst who prepared the report. The Appellate Division thus reversed his conviction for driving with a blood alcohol level of .08%. The Appellate…

Petitioner-Appellant Brian Joseph McMonagle appeals the district court’s dismissal of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 . McMonagle seeks relief from a misdemeanor conviction for driving under the influence. In response to McMonagle’s petition, the Attorney General’s office filed a motion to dismiss the petition as untimely. On January 30, 2012, the district court granted Appellee’s motion to dismiss on the grounds that it had not been filed within the time limit provided in 28 U.S.C. *1153 § 2244 (d)(1)(A). For the reasons discussed below, we reverse.

FACTS AND PROCEDURAL HISTORY

On November 21, 2008, Brian Joseph McMonagle was convicted by a jury of (i) misdemeanor driving under the influence of alcohol (“DUI”) and (ii) driving with a blood alcohol level of .08% or more. The jury also determined that McMonagle drove with a blood alcohol level of .15% or more. McMonagle admitted a prior conviction as to each count and was sentenced to summary probation for three years, and 15 days in jail. McMonagle appealed his conviction to the Appellate Division of the Superior Court of California (“Appellate Division”). On December 18, 2009,…

dissenting:

I respectfully dissent from the holding of the majority that Brian Joseph McMo-nagle’s habeas petition was timely. In my view, the majority opinion erroneously conflates the concepts of finality and exhaustion and runs afoul of the time limits contained in 28 U.S.C. § 2244 (d)(1)(A) of the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA).

As the majority opinion discusses, the issue of timeliness in this case stems from the peculiar review procedure that governs misdemeanor appeals in the California judicial system. In California, an individual convicted of a misdemeanor may only challenge the conviction by filing an appeal with the appellate division of the superior *1159 court of California. See Cal.Penal Code § 1466; see also People v. Burlington N. Santa Fe R.R., 209 Cal.App.4th 1513 , 1520 n. 3, 148 Cal.Rptr.3d 243 (2012) (“In a misdemeanor case, appeal is to the appellate division of the superior court”) (citing Cal-Penal Code § 1466). At the conclusion of proceedings in the appellate division of the superior court, a party may request that the appellate division of the superior court certify an appeal to the California Court of Appeal. See Cal.…