Q: Can a case be re-opened after state appeall is over and did not file a federal hebeas corpus with in the one year time?
A:
The one year time limit for federal habeas corpus is complicated. First of all, you cannot file for federal habeas corpus at all unless the federal constitutional issues you want to raise in federal court were first presented to the California Supreme Court in a petition for review. If that was done, then the one year begins to run 1) if no petition for certiorari to the U.S. Supreme Court was filed, 90 days after the decision of the California Supreme Court or 2) if a petition for certiorari to the U.S. Supreme Court was filed, then the one year begins to run when the high Court makes its decision, either refusing to hear the cae or makes a decision on the merits.
If the one year has passed by these rules, then federal review is probably not available anymore but a state court petition for writ of habeas corpus may be filed at any time.
I cannot urge you too strongly to consult with experienced criminal appeals counsel about this matter.
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