Larry Wixom v. State of Washington

I.

Since April 24, 1996, state prisoner ha-beas petitions have been subject to the statute of limitations enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. § 2244 (d)(1)(A). Under that statute, state prisoners have one year from the date on which their convictions became final to commence federal habeas corpus proceedings. That period of limitations, however, is statutorily tolled during the time in which “a properly filed application for State post-conviction or other collateral review with respect to the pertinent judg ment or claim is pending....” Id. § 2244(d)(2). In this case, we must decide when such a state claim is no longer “pending.” Petitioner contends that a decision of the Washington Court of Appeals is not final and thus remains pending until that court issues a mandate that unconditionally terminates review. We disagree.

II.

Petitioner Larry Wixom was convicted of rape of a child in Washington state court. On May 20, 1994, he was sentenced to 90 months’ imprisonment and 24 months’ community placement. He appealed that conviction. The Washington Court of Appeals, by ruling of the commissioner, affirmed the…