Q: What is the stattute of limitations to file a state and federal habeas
A petition for writ of habeas corpus in federal court must be filed one year from the date on which the state court conviction became "final" as that term is defined by federal law. The state court conviction is "final" for federal habeas corpus purposes 1) if there is no petition to the U.S. Supreme Court, 90 days after the state supreme court refuses to hear the case or 90 days after the state supreme court issues its decision on the merits, or 2) if there is a petition for certiorari to the U.S. Supreme Court, then the conviction is "final" when the high Court either denies the petition (refuses to hear the case) or when the high Court issues its decision on the merits.
There is apparently no time limit on a state petition for writ of habeas corpus.
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: u.S. Supreme Court Bar
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