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Rosa v. United States, Docket No.: 14-889-pr

Summary of Case- In this criminal appeal, the appellant was seeking a reversal of a judgment of the United States District Court for the Northern District of New York denying his petition for habeas relief. The appellant argued that the District Court erred in finding his petition for habeas relief untimely because he filed it more than one year after his petition for writ of certiorari before the United States Supreme Court had been denied. The appellant argued that the one year statute of limitation for filing a petition for habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) should have run from the date of the denial of his petition for a rehearing on the petition for certiorari. The Second Circuit did not agree, affirming the judgment. On the appeal, the Second Circuit found that "the statute of limitations runs from the denial of certiorari, not from the denial of rehearing of the certiorari petition" noting that this is also the position of eight other circuit courts.

Decision- The full decision issued by the Second Circuit Court of Appeals can be found here: Rosa v. United States, Docket No.: 14-889-pr

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