Bryant

Bryant v. Arizona Attorney General

Good Law
United States Court of Appeals for the Ninth CircuitAugust 27, 200706-16138California2,076 words

Opinion

Opinion

I. BACKGROUND

Bryant pled guilty to first degree murder in 1988 and received a life sentence. His direct appeal was dismissed by the Arizona Supreme Court in June 1989. In March 1990, he filed a pro se petition for post-conviction relief pursuant to Arizona Rule of Criminal Procedure 32 (“Rule 32”),1 alleging ineffective assistance of appellate counsel and seeking to withdraw his guilty plea. A state trial court denied that peti- tion in June 1992. Bryant filed two more Rule 32 petitions, which were denied by state trial courts on June 22, 1992, and October 3, 1994. Bryant did not appeal those decisions to the Arizona Court of Appeals.

On April 24, 1996, AEDPA took effect, imposing a one- year statute of limitations for habeas petitions filed by state prisoners. For Bryant, whose conviction became final prior to AEDPA’s enactment, the statute of limitations started running the day after AEDPA’s effective date and expired on April 24, 1997. Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir. 2001); Calderon v. United States Dist. Ct. for the Cent. Dist. of Cal. (Beeler), 128 F.3d 1283, 1287 (9th Cir. 1997), over- ruled in part on other grounds, Calderon v. United States Dist.…

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