The one-year statute of limitations period for filing a federal habeas corpus petition begins running from the date a state court judgment is considered final, notwithstanding later applications for relief, the 2nd U.S. Circuit Court of Appeals has ruled.
In a case of first impression, a three-judge appeals panel joined other circuits in finding that the section of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) restricting federal review of state criminal convictions mandates that the statute of limitations is tolled — but not reset — while a prisoner’s petition for error coram nobis is pending.
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