Marilyn Gene Summers v. Dora B. Schriro, Director, Warden Terry Goddard, Attorney General of the State of Arizona

In this petition for federal habeas corpus brought under the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), we hold that an “of-right proceeding,” available under Arizona Rule of Criminal Procedure 32 to criminal defendants who plead guilty, is a form of “direct review” within the meaning of 28 U.S.C. § 2244 (d)(1)(A). Because a Rule 32 of-right proceeding is a form of direct review, AEDPA’s one-year statute of limitations does not begin to run until the conclusion of the Rule 32 of-right proceeding and review of that proceeding, or until the expiration of the time for seeking such proceeding or review. We reverse and remand to the district court for further proceedings.

I. Background

Petitioner-Appellant Marilyn Summers pled guilty in Arizona Superior Court on November 12, 1997, to two counts of perjury, two counts of theft, and one count of fraudulent scheme and artifice. On December 15, 1997, she was sentenced to twenty years in prison and seven years of probation, and was ordered to pay more than $1.5 million in restitution. By pleading guilty, Summers waived her right to a conventional direct appeal under Arizona law, but she retained the right to seek…