- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Habeas Corpus
- Date Filed: 09-10-2014
- Case #: 12-15360
- Judge(s)/Court Below: District Judge Duffy for the Court; Circuit Judges Thomas and Rawlinson
- Full Text Opinion
"Brian Joseph McMonagle ("McMonagle") appeal[ed] the district court’s dismissal of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. McMonagle [sought] relief from a misdemeanor conviction for driving under the influence." McMonagle was convicted of driving under the influence. McMonagle's petition for appeal was denied by the California Court of Appeals and his state habeas petition was denied by the California Supreme Court. McMonagle then filed a federal habeas petition which was denied by the district court as untimely because the one year statute of limitations for petition for cert to the United States Supreme Court had not lapsed. The Ninth Circuit held that "[i]n the context of California misdemeanor habeas petitioners, finality for the purposes of AEDPA occurs once the California Supreme Court denies their state habeas petition and the U.S. Supreme Court denies certiorari or the 90-day period for filing a petition for certiorari expires. Even though a misdemeanor judgment is 'final immediately' under the California Rules of Court, the judgment is not final for purposes of AEDPA until a misdemeanant has exhausted his claim by filing a discretionary petition in the California State Supreme Court." REVERSED and REMANDED.