Gonzalez v. Thaler

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Innocence Network in support of petitioner.

Brief filed: 08/12/2011

Documents

Gonzalez v. Thaler

United States Supreme Court, Jurisdiction; Case No. 10-895

Argument(s)

Appellate jurisdiction under Sec. 2253 of the Antiterrorism and Effective Death Penalty Act (AEDPA) does not depend upon a COA’s conformity with technical formalities; direct review of a state criminal conviction cannot conclude for purposes of Sec. 2244(d)(1)(A) before the highest court to review the case relinquishes jurisdiction by issuing a mandate or its equivalent.

Author(s)

Douglas Hallward-Driemeier, et al., Ropes & Gray LLP, Washington, D.C.