Legal Opinion
Michael Kapral v. United States
Court of Appeals for the Third Circuit
Decided February 2, 1999No. 97-5545PublishedCited by 417 opinions
1Opinion of the Court
OPINION OF THE COURT
McKEE, Circuit Judge.
We are asked to decide when a criminal conviction becomes “final” within the meaning of the limitations provision of 28 U.S.C. § 2255. The district court ruled that the period of limitations begins to run when a *567defendant can no longer take a direct appeal as of right. For the reasons that follow, we rule that a conviction does not become “final” under § 2255 until expiration of the time allowed for certiorari review by the Supreme Court. Appellant Michael Kapral did not file a petition for certiorari, but he filed his § 2255 motion within one year of…
2Cases cited44 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Teague v. LaneSupreme Court of the United States · 1989
- Houston v. LackSupreme Court of the United States · 1988
- United States v. FradySupreme Court of the United States · 1982
- Barefoot v. EstelleSupreme Court of the United States · 1983
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3Cited by417 opinions
- Clay v. United StatesSupreme Court of the United States · 2003
- Commonwealth v. FahySupreme Court of Pennsylvania · 1999
- Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- United States v. Richard Perry Curtis,defendant-AppellantCourt of Appeals for the Sixth Circuit · 2001
- Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
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