Carey v. Saffold, 536 U.S. 214, 3 (2002)

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Opinion of the Court

Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, post, p. 227.

Stanley A. Cross, Supervising Deputy Attorney General of California, argued the cause for petitioner. With him on the brief were Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, and Jo Graves and Arnold O. Overoye, Senior Assistant Attorneys General.

David W. Ogden argued the cause for respondent. With him on the brief were Mary Katherine McComb, by appointment of the Court, 534 U. S. 1053, and Seth P. Waxman.*

Justice Breyer delivered the opinion of the Court.

The federal Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a state prisoner seeking a federal habeas corpus remedy to file his federal petition within one year after his state conviction has become "final." 28 U. S. C. 2244(d)(1)(A). The statute adds, however, that the 1-year period does not include the time during which an

*Briefs of amici curiae urging reversal were filed for the State of North Carolina et al. by Roy A. Cooper III, Attorney General of North Carolina, Amy C. Kunstling, Assistant Attorney General, and Dan Schweitzer, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Janet Napolitano of Arizona, Ken Salazar of Colorado, M. Jane Brady of Delaware, Earl I. Anzai of Hawaii, James E. Ryan of Illinois, Carla J. Stovall of Kansas, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, John J. Farmer, Jr., of New Jersey, Betty D. Montgomery of Ohio, Hardy Myers of Oregon, D. Michael Fisher of Pennsylvania, Charles M. Condon of South Carolina, Mark Barnett of South Dakota, Randolph A. Beales of Virginia, Christine O. Gregoire of Washington, and Hoke MacMillan of Wyoming; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger.

David M. Porter and Peter Goldberger filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging affirmance.

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