Griffith v. Rednour

Dist. Ct. did not err in dismissing as untimely defendant's habeas petition where it had been filed more than one year after date that direct review of his murder conviction had become final. Record showed that time for filing petition for leave to appeal from Appellate Court decision affirming denial of defendant's post-conviction petition had expired, and although defendant filed petition for leave to appeal two weeks later with motion seeking leave to file same instanter, defendant's one-year period for filing habeas petition started when deadline for filing timely petition for leave to appeal had expired. Fact that defendant's motion to file petition for leave to appeal instanter was granted did not mean that direct review was still pending during gap between end of authorized filing period and court's belated acceptance.