Does the limitation period apply to post-conviction relief applications?
MultiRegion, United States of America
The following excerpt is from Howard v. Yates, 1:10-cv-02318-AWI-SKO-HC (E.D. Cal. 2011):
State time limits are conditions to filing which render a petition not properly filed. Pace v. DiGuglielmo, 544 U.S. 408, 417 (2005). When a state court rejects a petition for post-conviction relief as untimely, the petition is not a "properly filed" application for post-conviction or collateral review within the meaning of 2244(d)(2), and thus it does not toll the running of the limitation period. Pace v. DiGuglielmo, 544 U.S. 408, 417 (2005).
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