Bryan Porras v. Dexter Payne, Director, Arkansas Division of Correction

Whether, for purposes of 28 U.S.C. § 2244(d)(1)(A), a state criminal judgment becomes final upon expiration of the ninety-day period for seeking a writ of certiorari in the United States Supreme Court when the petitioner’s direct appeal concluded in an intermediate state appellate court and discretionary review in the state’s highest court was available but not sought.

Whether a certificate of appealability should issue where reasonable jurists could debate the proper interpretation of § 2244(d)(1)(A), the applicability of this Court’s finality jurisprudence, and the availability of equitable tolling under AEDPA.

Whether equitable tolling is available where a petitioner diligently pursued his rights and the timeliness dispute arose from reasonable uncertainty concerning the interaction of state discretionaryreview procedures and AEDPA’s finality provisions.