CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Jimenez v. Quarterman, No. 07-6984
Where a state court grants a criminal defendant the right to file an out-of-time direct appeal during state collateral review, but before the defendant has first sought federal habeas relief, his judgment is not yet “final” for purposes of 28 U. S. C. section 2244(d)(1)(A) (outlining the start date of the one-year limitations period for seeking review under the AEDPA). In such a case, “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review” must reflect the conclusion of the out-of-time direct appeal, or the expiration of the time for seeking review of that appeal.
CRIMINAL LAW & PROCEDURE, SENTENCING
Chambers v. US, No. 06-11206
Illinois’ crime of “failure to report” for penal confinement is not a “violent felony” for purposes of the Armed Career Criminal Act’s (ACCA) 15-year mandatory prison term.
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