Damien Freeman v. Lyneal Wainwright, Warden

A state prisoner has one year from the time that “the judgment” becomes final to file a habeas petition. 28 U.S.C. § 2244(d)(1)(A). Applying this statute of limitations is straightforward when a prisoner is still in custody pursuant to an original state-court judgment. But the provision has generated much confusion when a state court enters a new judgment following a prisoner’s resentencing. In this common situation, does the limitations period run from the original judgment, the new judgment, or some combination of the two depending on the claims asserted? Eight courts of appeals have faced this question and have arrived at four different conclusions. Under two approaches (adopted by six circuits), petitioner’s challenge to his conviction would be timely. But, under the other two approaches (including the Sixth Circuit’s approach here), his challenge is barred by the statute of limitations. The question presented is: Whether the statute of limitations for filing a habeas petition begins when the new judgment entered following resentencing becomes final.