Martinez v. Jones

Juan Martinez challenged his felony murder conviction in a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. The district court denied Martinez’s petition as untimely. Martinez appeals. We write to acknowledge a change in Illinois procedural rules that abrogates our decision in Smith v. Walls, 276 F.3d 340, 344-45 (7th Cir.2002).

In July 2001, a jury convicted Martinez of felony murder, home invasion, and residential burglary; the trial court sentenced him to a total of 30 years’ imprisonment. On direct appeal the court vacated Martinez’s conviction for home invasion but affirmed his…