Nelson v. Norris

SMITH, Circuit Judge.

Stanley Nelson, an Arkansas inmate convicted of discharging a firearm from a vehicle and sentenced to 30 years’ imprisonment, appeals the district court’s 2 order dismissing his petition for habeas corpus relief under 28 U.S.C. § 2254 as untimely. We granted Nelson’s application for certificate of appealability to determine the following questions:

1. Whether Nelson’s application for a writ of habeas corpus under 28 U.SU. Section 2254 was timely filed in the district court, because Nelson’s petition for state post-conviction relief under Ark. R.Crim. P. 37 was “properly…