Anthony Joseph Majoy v. Ernest C. Roe, Warden

Petitioner Majoy stands convicted in California state court of. (1) conspiracy to commit murder for financial gain, and (2) two counts of first degree murder for financial gain committed while lying in wait. His appeals and petitions for post-conviction relief in state court failed, and he is serving a life sentence in prison without parole. His petition in federal district court for a writ of habeas corpus, which is governed by the provisions of the Antiter-rorism and Effective Death Penalty Act. of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214, was dismissed with prejudice as untimely because it did not satisfy the applicable one-year statute of limitation. See 28 U.S.C. § 2244 (d). The district court correctly determined that because Majoy filed a state habeas petition with the California Supreme Court on April 15, 1997, eight days before the one-year AED-PA limitation period, running from its enactment on April 24,1996, would expire, he had eight days after the conclusion of the state habeas proceedings to file a timely federal petition. The California Supreme Court denied his petition on August 27, 1997, .meaning that Majoy had to file his federal petition in early…