In a murder prosecution, dismissal of a habeas petition as untimely is affirmed where: 1) the Nevada Supreme Court's order dismissing petitioner's appeal as untimely did not constitute "the conclusion of direct review" pursuant to 28 U.S.C. section 2244(d)(1)(A); and 2) even with the benefit of statutory tolling pursuant to Section 2244(d)(2), petitioner's petition was untimely by 192 days.
Argued and Submitted March 9, 2009
Submission Vacated and Deferred March 12, 2009
Resubmitted August 4, 2009
Opinion by Judge Wallace
Dennis C. Wilson, Deputy Attorney General, Las Vegas, NV