Does the discovery of a photo at trial delay the running of the AEDPA statute of limitations?

Under 2244(d)(1)(D), AEDPA's statute of limitations begins to run when the petitioner knows or through diligence could discover the important facts, not when petitioner discovers their legal significance. Hasan v. Galaza, 254 F.3d 1150, 1154 & n. 3 (9th Cir. 2001). As petitioner's own letter states that the photo was known to the defense at trial, it is not "newly discovered evidence" under 2244(d)(1)(D) and does not delay the running of the AEDPA clock.

Petitioner commenced this federal habeas action on February 22, 2016¹, more than two

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years past the AEDPA deadline. Thus, absent tolling, the petition is untimely.

II. Statutory Tolling