context: The district court emphasized the following language from Gonzalez in rejecting Camacho's petition: "[W]e determine the 'expiration of the time for seeking [direct] review' from this Court's filing deadlines when petitioners forgo certiorari, [and] we look to state-court filing deadlines when petitioners forgo state-court appeals." The Supreme Court's holding in Gonzalez was not so limited. The holding in Gonzalez extends to "state prisoners] who do[] not seek review in a State's highest court"; it does not exclude state prisoners who do not seek review because such review is prohibited by state law or by a plea agreement.
citation_a.signal: cf.
citation_a.parenthetical: noting that in context of AED-PA's tolling provision for a properly filed application for state postconviction relief, "the question whether an application has been 'properly filed' is quite separate from the question whether the claims contained in the application are meritorious"
citation_a.sentence: Id. at 655; see also Latham v. United States, 527 F.3d 651, 653 (7th Cir.2008) (noting that a “defendant who forswears appellate review as part of a plea bargain remains entitled to file a notice of appeal” even if “that appeal is doomed unless the guilty plea is involuntary”); Mark v. Thaler, 646 F.3d 191, 194 (5th Cir.2011) (“The relevant question is whether -Mark was entitled to file a petition, not whether a hypothetical petition would have been successful.”); cf. Artuz v. Bennett, 531 U.S. 4, 9, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000) (noting that in context of AED-PA’s tolling provision for a properly filed application for state postconviction relief, “the question whether an application has been ‘properly filed’ is quite separate from the question whether the claims contained in the application are meritorious”).
citation_b.signal: see also
citation_b.identifier: 527 F.3d 651, 653
citation_b.parenthetical: noting that a "defendant who forswears appellate review as part of a plea bargain remains entitled to file a notice of appeal" even if "that appeal is doomed unless the guilty plea is involuntary"
citation_b.sentence: Id. at 655; see also Latham v. United States, 527 F.3d 651, 653 (7th Cir.2008) (noting that a “defendant who forswears appellate review as part of a plea bargain remains entitled to file a notice of appeal” even if “that appeal is doomed unless the guilty plea is involuntary”); Mark v. Thaler, 646 F.3d 191, 194 (5th Cir.2011) (“The relevant question is whether -Mark was entitled to file a petition, not whether a hypothetical petition would have been successful.”); cf. Artuz v. Bennett, 531 U.S. 4, 9, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000) (noting that in context of AED-PA’s tolling provision for a properly filed application for state postconviction relief, “the question whether an application has been ‘properly filed’ is quite separate from the question whether the claims contained in the application are meritorious”).