What is the legal test for a federal habeas petition?

MultiRegion, United States of America

The following excerpt is from Rogers v. Pfeiffer, Case No. 1:20-cv-00142-JDP (E.D. Cal. 2020):

1. Alternatively, petitioner may move to withdraw his entire petition and return to federal court when he has exhausted his state court claim. However, petitioner is forewarned that the filing of the instant petition does not toll AEDPA's statute of limitations; his new petition must meet AEDPA's filing deadlines. Duncan v. Walker, 533 U.S. 167, 181-82 (2001). Absent rare circumstances, a federal habeas petition must be filed within one year of "the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review." 28 U.S.C. 2244(d)(1)(A).

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