O'Neal v. Kenny, No. 06-3893

On remand from the Supreme Court for reconsideration in light of Jimenez v. Quarterman, 129 S. Ct. 681 (2009), where the Court held that a state court's grant of a right to file an out-of-time direct appeal resets the date when the conviction becomes "final" under Antiterrorism and Effective Death Penalty Act, district court's denial of habeas relief is affirmed where the case at hand is factually distinguishable from Jimenez and thus not controlled by its holding and here, petitioner sought federal habeas relief before the state trial court granted him a new direct appeal.     

Read O'Neal v. Kenny, No. 06-3893

Appellate Information

Submitted: February 27, 2009

Filed: September 3, 2009

Judges

Opinion by Smith, Circuit Judge