Hardy Devan Tolbert, Jr. v. State

1 Citing case

  1. Tolbert v. Jones

    CA 14-0407-WS-C (S.D. Ala. Jan. 21, 2015)

    Section 2244(d)(1)(A) specifically provides that the one-year limitations period will run from "the date on which the judgment became final by the conclusion of direct review or the expiration of time for seeking such review[.]" The Alabama Court of Criminal Appeals dismissed Tolbert's appeal by order dated November 24, 2009, Tolbert v. State, 64 So.3d 1164 (Ala.Crim.App. 2009), and the certificate of judgment of final affirmance was issued that same day (Doc. 7, Exhibit 2). The respondent implicitly contends that Tolbert's one-year limitations period began to run on November 24, 2009 (Doc. 7, at 6); however, respondent cites no legal authority supporting this proposition (see id.) and the undersigned need agree with the United States District Court for the Middle District of Florida that "a § 2254 petitioner is entitled to a 90-day period for seeking certiorari review in the Supreme Court of the United States from a dismissed direct appeal."