Marilyn Gene Summers v. Dora B. Schriro, Director, Warden Terry Goddard, Attorney General of the State of Arizona

WILLIAM A. FLETCHER, Circuit Judge:

In this petition for federal habeas corpus brought under the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), we hold that an “of-right proceeding,” available under Arizona Rule of Criminal Procedure 32 to criminal defendants who plead guilty, is a form of “direct review” within the meaning of 28 U.S.C. § 2244(d)(1)(A). Because a Rule 32 of-right proceeding is a form of direct review, AEDPA’s one-year statute of limitations does not begin to run until the conclusion of the Rule 32 of-right proceeding and review of that proceeding, or until…