No. 22-7609

Akiaz Marqiez King v. United States

Lower Court: Ninth Circuit
Docketed: 2023-05-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reed-v-goertz sixth-amendment state-law-interpretation statute-of-limitations
Latest Conference: 2023-06-22
Question Presented (from Petition)

Should the Court grant a writ of certiorari, vacate the judgment below, and remand this case for the Ninth Circuit to consider this Court's intervening decision in Reed v. Goertz, 143 S. Ct. 955 (2023), which held that the federal statute of limitations for filing a federal claim under 42 U.S.C. § 1983 does not run until potentially dispositive state litigation is final?

In the alternative, under the reasoning of Reed v. Goertz, 143 S. Ct. 955 (2023), does the one-year statute of limitations under 28 U.S.C. § 2255(f)(4) commence only when state court proceedings resolving a question of state law necessary to the defendant's federal constitutional claim have been finally resolved on appeal?

Question Presented (AI Summary)

Whether the one-year statute of limitations under 28 U.S.C. § 2255(f) for filing a federal habeas petition commenced when the state trial court denied relief or when the state appellate proceedings concluded

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-31
Waiver of right of respondent United States of America to respond filed.
2023-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2023)

Attorneys

Akiaz Marqiez King
Stephen Reese SadyOregon Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent