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Matthis v. Cain, No. 09-30576

Dismissal of Habeas Petition as Untimely Affirmed

In Matthis v. Cain, No. 09-30576, a second-degree murder prosecution, the court affirmed the dismissal of petitioner's habeas petition as untimely where, because the overturning and reinstatement of petitioner's conviction occurred solely through post-conviction review, this did not affect the date his conviction became final under direct review and thus his federal habeas petition was untimely.


As the court wrote:  "Jason Matthis ("Appellant") appeals the district court's dismissal of his
habeas corpus petition brought pursuant to 28 U.S.C. § 2254 as untimely. The district court found that Appellant's petition was time-barred by 28 U.S.C. § 2244(d)(1). The court held that Appellant exceeded the limitations period because he filed his federal habeas petition more than one year after the date his state conviction became final by conclusion of direct review, notwithstanding tolling of the limitations period during the pendency of his state post-conviction review pursuant to 28 U.S.C. § 2244(d)(2)."

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