What is the limitation period for a federal habeas corpus application?

MultiRegion, United States of America

The following excerpt is from Phillippi v. Beard, Case No.: 14cv1310 DMS (MDD) (S.D. Cal. 2015):

of habeas corpus in behalf of a person in custody pursuant to the judgment of a state court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2254(a). Federal intervention in state court proceedings is only justified when there are errors of federal law. Oxborrow v. Eikenberry, 877 F.2d 1395, 1400 (9th Cir. 1989) (stating that federal courts are not concerned with errors of state law unless they rise to the level of a constitutional violation). Further, federal habeas courts are bound by a state's interpretation of its own laws. Estelle v. McGuire, 502 U.S. 62, 68 (1991).

Under AEDPA, a state prisoner generally must file a federal petition for habeas corpus within one year of the underlying judgment becoming final. 28 U.S.C. 2244(d)(1) (West 2014). Under 2244(d)(1)(D), the limitation period runs from the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. The statute of limitations does not begin to run in a petitioner's case until he is aware of all the facts of the claim. Hasan v. Galaza, 254 F.3d 1150, 1154 (9th Cir. 2001).

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