Maurice Tyler v. Gayle Ray

I agree completely with the majority’s analysis of the ineffeetive-assistance-of-counsel claim and would similarly find that the district court erred by granting a writ of habeas corpus — if reaching the merits were appropriate. It is not appropriate, however, because Tyler’s petition is time-barred.

The Antiterrorism and Effective Death Penalty Act (“AEDPA”) provides a one-year statute of limitations for federal applications for a writ of habeas corpus by a person in custody pursuant to a judgment of a state court. 28 U.S.C. § 2244(d)(1). Although the statute of limitations is “not…