Gonzalez v. Thaler

Case Date: 11/02/2011
Docket No: none

Facts of the Case 

Raphael Arriaza Gonzalez was convicted of murder in Texas state court on June 14, 2005, and was sentenced to 30 years in prison. He filed an appeal to the Texas intermediate court of appeals, which affirmed his conviction on July 12, 2006. Gonzalez's counsel did not file a petition for discretionary review with the Texas Court of Criminal Appeals within the 30-day timeframe permitted by state law. 2. On July 19, 2007, Gonzalez filed in Texas state court a petition for a writ of habeas corpus. The Texas Court of Criminal Appeals denied that petition on the merits on November 21, 2007. On January 24, 2008, Gonzalez filed a petition for writ of habeas corpus in the United States District Court for the Northern District of Texas.

Question 

Was there jurisdiction to issue a certificate of appealability under 28 U.S.C. § 2253(c) and to adjudicate Gonzalez's appeal?

Did the application for a writ of habeas corpus run out of time under 28 U.S.C. § 2244(d)(1) due to the date on which the judgment became final by the conclusion of direct review?

Argument Gonzalez v. Thaler - Oral ArgumentFull Transcript Text  Download MP3