OPINION OF THE COURT
LAWRENCE V. FLORIDA
549 U. S. ____ (2007)
SUPREME COURT OF THE UNITED STATES
NO. 05-8820
GARY LAWRENCE, PETITIONER
v. FLORIDA
on writ of certiorari to the united states court of
appeals for the eleventh circuit
[February 20, 2007]
Justice Thomas delivered the
opinion of the Court.
Congress established a 1-year
statute of limitations for seeking federal habeas corpus relief
from a state-court judgment, 28 U. S. C. §2244(d), and further
provided that the limitations period is tolled while an
“application for State post-conviction or other collateral review”
“is pending,” §2244(d)(2). We must decide whether a state
application is still “pending” when the state courts have entered a
final judgment on the matter but a petition for certiorari has been
filed in this Court. We hold that it is not.
I
Petitioner Gary Lawrence and his
wife used a pipe and baseball bat to kill Michael Finken. A Florida
jury convicted Lawrence of first-degree murder, conspiracy to
commit murder, auto theft, and petty theft. The trial court
sentenced Lawrence to death. The Florida Supreme Court affirmed
Lawrence’s conviction and sentence on appeal, and this Court denied
certiorari on January 20, 1998.
522 U. S. 1080.
On January 19, 1999, 364 days
later, Lawrence filed an application for state postconviction
relief in a Florida trial court.[
Footnote 1] The court denied relief, and the Florida
Supreme Court affirmed, issuing its mandate on November 18, 2002.
See
Lawrence v.
State, 831 So. 2d 121 (per
curiam). Lawrence sought review of the denial of state
postconviction relief in this Court. We denied certiorari on March
24, 2003.
538 U. S.
926.
While Lawrence’s petition for certiorari was
pending, he filed the present federal habeas application. The
Federal District Court dismissed it as untimely under §2244(d)’s
1-year limitations period. All but one day of the limitations
period had lapsed during the 364 days between the time Lawrence’s
conviction became final and when he filed for state postconviction
relief. The limitations period was then tolled while the Florida
courts entertained his state application. After the Florida Supreme
Court issued its mandate, Lawrence waited another 113 days—well
beyond the one day that remained in the limitations period—to file
his federal habeas application. As a consequence, his federal
application could be considered timely only if the limitations
period continued to be tolled during this Court’s consideration of
his petition for certiorari. Then-applicable Eleventh Circuit
precedent foreclosed any argument that §2244’s statute of
limitations was tolled by the pendency of a petition for certiorari
seeking review of a state postconviction proceeding. See
Coates v.
Byrd, 211 F. 3d 1225, 1227 (2000)
(per curiam). Accordingly, the District Court concluded
that Lawrence had only one day to file a federal habeas application
after the Florida Supreme Court issued its mandate. The Eleventh
Circuit affirmed. 421 F. 3d 1221 (2005). We granted
certiorari, 547 U. S. ___ (2006), and now affirm.
II
The Antiterrorism and Effective
Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214, sets a one-year
statute of limitations for seeking federal habeas corpus relief
from a state-court judgment. 28 U. S. C. §2244(d)(1). This
limitations period is tolled while a state prisoner seeks
postconviction relief in state court:
“The time during which a properly filed application
for State post-conviction or other collateral review with respect
to the pertinent judgment or claim is pending shall not be counted
toward any period of limitation under this subsection.”
§2244(d)(2).
Based on this provision, the parties agree that
AEDPA’s limitations period was tolled from the filing of Lawrence’s
petition for state postconviction relief until the Florida Supreme
Court issued its mandate affirming the denial of that petition. At
issue here is whether the limitations period was also tolled during
the pendency of Lawrence’s petition for certiorari to this Court
seeking review of the denial of state postconviction relief. If it
was tolled, Lawrence’s federal habeas application was timely. So we
must decide whether, according to §2244(d)(2), an “application for
State post-conviction or other collateral review” “is pending”
while this Court considers a certiorari petition.[
Footnote 2]
Read naturally, the text of the statute must
mean that the statute of limitations is tolled only while state
courts review the application. As we stated in
Carey v.
Saffold,
536 U. S. 214, 220
(2002) (internal quotation marks omitted), a state postconviction
application “remains pending” “until the application has achieved
final resolution through the State’s postconviction procedures.”
This Court is not a part of a “State’s post-conviction procedures.”
State review ends when the state courts have finally resolved an
application for state postconviction relief. After the State’s
highest court has issued its mandate or denied review, no other
state avenues for relief remain open. And an application for state
postconviction review no longer exists. All that remains is a
separate certiorari petition pending before a
federal
court. The application for state postconviction review is therefore
not “pending” after the state court’s postconviction review is
complete, and §2244(d)(2) does not toll the 1-year limitations
period during the pendency of a petition for certiorari.
If an application for state postconviction
review were “pending” during the pendency of a certiorari petition
in this Court, it is difficult to understand how a state prisoner
could exhaust state postconviction remedies without filing a
petition for certiorari. Indeed, AEDPA’s exhaustion provision and
tolling provision work together:
“The tolling provision of §2244(d)(2) balances the
interests served by the exhaustion requirement and the limitation
period… . Section 2244(d)(1)’s limitation period and
§2244(d)(2)’s tolling provision, together with §2254(b)’s
exhaustion requirement, encourage litigants
first to
exhaust all state remedies and
then to file their federal
habeas petitions
as soon as possible.”
Duncan v.
Walker,
533 U. S. 167, 179, 181 (2001) (final
emphasis added).
Yet we have said that state prisoners need not
petition for certiorari to exhaust state remedies.
Fay v.
Noia,
372
U. S. 391, 435–438 (1963);
County Court of Ulster Cty.
v.
Allen,
442 U. S. 140, 149–150,
n. 7 (1979). State remedies are exhausted at the end of state-court
review.
Fay,
supra, at 435–438;
Allen,
supra, at 149–150, n. 7.
Lawrence argues that §2244(d)(2) should be
construed to have the same meaning as §2244(d)(1)(A), the trigger
provision that determines when AEDPA’s statute of limitations
begins to run. But §2244(d)(1)(A) uses much different language from
§2244(d)(2), referring to “the date on which the judgment became
final by
the conclusion of direct review or the expiration
of the time for seeking such review.” §2244(d)(1)(A) (emphasis
added). When interpreting similar language in §2255, we explained
that “direct review” has long included review by this Court.
Clay v.
United States,
537 U. S. 522, 527–528
(2003). Indeed, we noted that “[t]he Courts of Appeals have
uniformly interpreted ‘direct review’ in §2244(d)(1)(A) to
encompass review of a state conviction by this Court.”
Id., at 528, n. 3 (collecting cases). By contrast,
§2244(d)(2) refers exclusively to “
State post-conviction
or other collateral review,” language not easily interpreted to
include participation by a federal court.
Furthermore, §2244(d)(1)(A) refers to the
“time for seeking” direct review, which includes review by this
Court under
Clay. By parity of reasoning, the “time for
seeking” review of a state postconviction judgment arguably would
include the period for filing a certiorari petition before this
Court. However, §2244(d)(2) makes no reference to the “time for
seeking” review of a state postconviction court’s judgment.
Instead, it seeks to know when an application for “State … review”
is pending. The linguistic difference is not insignificant: When
the state courts have issued a final judgment on a state
application, it is no longer pending even if a prisoner has
additional time for seeking review of that judgment through a
petition for certiorari.
A more analogous statutory provision is
§2263(b)(2), which is part of AEDPA’s “opt-in” provisions for
States that comply with specific requirements relating to the
provision of postconviction counsel. Under §2263, the limitations
period is tolled “from the date on which the first petition for
post-conviction review or other collateral relief is filed until
the final State court disposition of such petition.” §2263(b)(2).
Lawrence concedes that under this language there would be no
tolling for certiorari petitions seeking review of state
postconviction applications. And although he correctly notes that
the language in §2263 differs from the language of §2244(d)(2), it
is clear that the language used in both sections provides that
tolling hinges on the pendency of state review. See §2263(b)(2)
(“until the final State court disposition of such petition”);
§2244(d)(2) (“a properly filed application for State
post-conviction or other collateral review … is pending”). Given
Congress’ clear intent in §2263 to provide tolling for certiorari
petitions on direct review but not for certiorari petitions
following state postconviction review, it is not surprising that
Congress would make the same distinction in §2244.
Lawrence also argues that our interpretation
would result in awkward situations in which state prisoners have to
file federal habeas applications while they have certiorari
petitions from state postconviction proceedings pending before this
Court. But these situations will also arise under the express terms
of §2263, and Lawrence admits that Congress intended that provision
to preclude tolling for certiorari petitions. Brief for Petitioner
22. Because Congress was not concerned by this potential for
awkwardness in §2263, there is no reason for us to construe the
statute to avoid it in §2244(d)(2).
Contrary to Lawrence’s suggestion, our
interpretation of §2244(d)(2) results in few practical problems. As
Justice Stevens has noted, “this Court rarely grants review at this
stage of the litigation even when the application for state
collateral relief is supported by arguably meritorious federal
constitutional claims,” choosing instead to wait for “federal
habeas proceedings.”
Kyles v.
Whitley,
498 U. S. 931, 932
(1990) (opinion concurring in denial of stay of execution). Thus,
the likelihood that the District Court will duplicate work or
analysis that might be done by this Court if we granted certiorari
to review the state postconviction proceeding is quite small. And
in any event, a district court concerned about duplicative work can
stay the habeas application until this Court resolves the case or,
more likely, denies the petition for certiorari.
Lawrence argues that even greater anomalies
result from our interpretation when the state court grants relief
to a prisoner and the state petitions for certiorari. In that
hypothetical, Lawrence maintains that the prisoner would arguably
lack standing to file a federal habeas application immediately
after the state court’s judgment (because the state court granted
him relief) but would later be time barred from filing a federal
habeas application if we granted certiorari and the State
prevailed. Again, this particular procedural posture is extremely
rare. Even so, equitable tolling may be available, in light of the
arguably extraordinary circumstances and the prisoner’s diligence.
See
Pace v.
DiGuglielmo,
544 U. S. 408, 418, and
n. 8 (2005).[
Footnote 3]
We cannot base our interpretation of the statute on an exceedingly
rare inequity that Congress almost certainly was not contemplating
and that may well be cured by equitable tolling.
In contrast to the hypothetical problems
identified by Lawrence, allowing the statute of limitations to be
tolled by certiorari petitions would provide incentives for state
prisoners to file certiorari petitions as a delay tactic. By filing
a petition for certiorari, the prisoner would push back §2254’s
deadline while we resolved the petition for certiorari. This
tolling rule would provide an incentive for prisoners to file
certiorari petitions—regardless of the merit of the claims
asserted—so that they receive additional time to file their habeas
applications.
III
Lawrence also argues that
equitable tolling applies to his otherwise untimely claims. We have
not decided whether §2244(d) allows for equitable tolling. See
ibid. Because the parties agree that equitable tolling is
available, we assume without deciding that it is. To be entitled to
equitable tolling, Lawrence must show “(1) that he has been
pursuing his rights diligently, and (2) that some extraordinary
circumstance stood in his way” and prevented timely filing.
Id., at 418.
Lawrence makes several arguments
in support of his contention that equitable tolling applies to his
case. First, he argues that legal confusion about whether AEDPA’s
limitations period is tolled by certiorari petitions justifies
equitable tolling. But at the time the limitations period expired
in Lawrence’s case, the Eleventh Circuit and every other Circuit to
address the issue agreed that the limitations period was not tolled
by certiorari petitions. See
, e.g., Coates, 211
F. 3d, at 1227. The settled state of the law at the relevant
time belies any claim to legal confusion.
Second, Lawrence argues that his counsel’s
mistake in miscalculating the limitations period entitles him to
equitable tolling. If credited, this argument would essentially
equitably toll limitations periods for every person whose attorney
missed a deadline. Attorney miscalculation is simply not sufficient
to warrant equitable tolling, particularly in the postconviction
context where prisoners have no constitutional right to counsel.
E.g., Coleman v.
Thompson,
501 U. S. 722, 756–757
(1991).
Third, Lawrence argues that his case presents
special circumstances because the state courts appointed and
supervised his counsel. But a State’s effort to assist prisoners in
postconviction proceedings does not make the State accountable for
a prisoner’s delay. Lawrence has not alleged that the State
prevented him from hiring his own attorney or from representing
himself. It would be perverse indeed if providing prisoners with
postconviction counsel deprived States of the benefit of the AEDPA
statute of limitations. See,
e.g., Duncan, 533 U. S., at
179 (“The 1-year limitation period of §2244(d)(1) quite plainly
serves the well-recognized interest in the finality of state court
judgments”).
Fourth, Lawrence argues that his mental
incapacity justifies his reliance upon counsel and entitles him to
equitable tolling. Even assuming this argument could be legally
credited, Lawrence has made no factual showing of mental
incapacity. In sum, Lawrence has fallen far short of showing
“extraordinary circumstances” necessary to support equitable
tolling.
IV
The Court of Appeals correctly
determined that the filing of a petition for certiorari before this
Court does not toll the statute of limitations under §2244(d)(2).
It also correctly declined to equitably toll the limitations period
in the factual circumstances of Lawrence’s case. For these reasons,
the judgment of the Court of Appeals is affirmed.
It is so ordered.
Footnote 1
Lawrence contends that delays in Florida’s
program for appointing postconviction counsel and other issues
outside of his control caused 298 days to pass before Florida
appointed an attorney who took an active role in his postconviction
case. These facts have little relevance to our analysis. Lawrence
did not seek certiorari on the question whether these facts entitle
him to equitable tolling. Indeed, Lawrence was able to file his
state postconviction petition on time in spite of these delays. And
before this Court, he argues that his attorney mistakenly missed
the federal habeas deadline, not that he lacked adequate time to
file a federal habeas application.
Footnote 2
We have previously held that the word “State”
modifies both the terms “post-conviction” and “other collateral
review.”
Duncan v.
Walker,
533 U. S. 167, 172–174 (2001). The
question, therefore, is whether “an application for
State
post-conviction or other
[State] collateral review … is
pending.” §2244(d)(2) (emphasis added).
Footnote 3
As discussed below, we assume, as the parties
do, the availability of equitable tolling under §2244.
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