James Coates v. Thomas Byrd, 211 F.3d 1225 (11th Cir. 2000). · Go Syfert
James Coates v. Thomas Byrd, 211 F.3d 1225 (11th Cir. 2000). Cases Citing This Book View Copy Cite
85 citation events (76 in the last 25 years) across 16 distinct courts.
Strongest positive: Alonzo Moore v. James v. Crosby, Jr. (ca11, 2006-05-30) · Strongest negative: Floyd Damren v. State of Florida (ca11, 2015-01-21)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited "but see" Floyd Damren v. State of Florida
11th Cir. · 2015 · signal: but see · confidence high
But see Coates v. Byrd, 211 F.3d 1225 , 1227 (11th Cir.2000) (per cu-riam) (holding that the one-year limitations period is not tolled during the time a petition for a writ of certiorari to review the state court’s denial of collateral relief is pending in the United States Supreme Court, or during the ninety-day period in which it could have been filed).
cited Cited as authority (rule) Alonzo Moore v. James v. Crosby, Jr.
11th Cir. · 2006 · confidence medium
Coates, 211 F.3d at 1227.
discussed Cited as authority (rule) Day v. McDonough (2×)
SCOTUS · 2006 · confidence medium
Overlooking controlling Eleventh Circuit precedent, see Coates, 211 F. 3d, at 1227, the State calculated that the petition had been "filed after 352 days of untolled time," and was therefore "timely." App. 24.
examined Cited as authority (rule) Gary Lawrence v. State of Florida (3×) also: Cited "see"
11th Cir. · 2005 · confidence medium
Caruso v. Abela, 541 U.S. 1070 , 124 S.Ct. 2388 , 158 L.Ed.2d 976 (2004), which held contrary to this circuit’s decision in Coates, 211 F.3d at 1227, the district court entered an order staying the proceedings.
cited Cited as authority (rule) Frank Smaldone v. Daniel Senkowski, Superintendent, Clinton Correctional Facility
2d Cir. · 2001 · confidence medium
See Stokes, 247 F.3d at 542 ; Crawley, 257 F.3d at 400 ; Snow, 238 F.3d at 1036 ; Isham, 226 F.3d at 695 ; Coates, 211 F.3d at 1227; Ott, 192 F.3d at 513 ; Rhine, 182 F.3d at 1155 .
discussed Cited as authority (rule) Augustine Gutierrez v. James M. Schomig
7th Cir. · 2000 · confidence medium
In other words, according to these courts, a petition for certiorari, filed or not, simply does not constitute an “application for State post-conviction or other collateral review.” See Isham, 226 F.3d at 695 (“A petition for certiorari to the United States Supreme Court is not ‘post-conviction relief.’”); Coates, 211 F.3d at 1227 (“[A]n application ‘for State post-conviction or other review ... is pending,’ 28 U.S.C. § 2244 (d)(2), only so long as the case is in the state courts.”); Rhine, 182 F.3d at 1155 (“The time after which the Oklahoma Court of Criminal Appeals fi…
discussed Cited as authority (rule) Gutierrez, Augustine v. Schomig, James M.
7th Cir. · 2000 · confidence medium
In other words, according to these courts, a petition for certiorari, filed or not, simply does not constitute an "application for State post- conviction or other collateral review." See Isham, 226 F.3d at 695 ("A petition for certiorari to the United States Supreme Court is not ’post-conviction relief.’"); Coates, 211 F.3d at 1227 ("[A]n application ’for State post- conviction or other review . . . is pending,’ 28 U.S.C. sec. 2244 (d)(2), only so long as the case is in the state courts."); Rhine, 182 F.3d at 1155 ("The time after which the Oklahoma Court of Criminal Appeals finally de…
discussed Cited "see" Ben E. Jones v. State of Florida Parole Commission
11th Cir. · 2015 · signal: see · confidence high
See Jones v. Garner, 211 F.3d 1225, 1225 (11th Cir.2000) (on remand from the Supreme Court, remanding in turn to the district court “to determine, after permitting sufficient discovery, whether the [new Georgia policy] in its operation created a significant risk of increased punishment for” the plaintiff); Harris v. Hammonds, 217 F.3d 1346, 1350 (11th Cir.2000) (concluding that challenges to the Georgia policy change must be addressed on a case-by-case basis, noting that the case was decided in the district court before the Supreme Court decided Jones, and remanding to provide the offender…
discussed Cited "see" Holland v. Florida (2×)
SCOTUS · 2010 · signal: see · confidence high
See Coates v. Byrd, 211 F.3d 1225 (CA11 2000) (per curiam) (AE-DPA clock restarts when state court completes postconviction review); Lawrence, 549 U.S. 327 , 127 S. Ct. 1079 , 166 L.
examined Cited "see" Holland v. Florida (4×)
SCOTUS · 2010 · signal: see · confidence high
See Coates v. Byrd, 211 F. 3d 1225 (CA11 2000) (per curiam) (AEDPA clock restarts when state court completes postconviction review); Lawrence, 549 U. S. 327 (same).
cited Cited "see" Wainwright v. Secretary, Department of Corrections
11th Cir. · 2007 · signal: see · confidence high
See Coates v. Byrd, 211 F.3d 1225 , 1227 (11th Cir.2000).
examined Cited "see" Lawrence v. Florida (4×) also: Cited "see, e.g."
SCOTUS · 2007 · signal: see · confidence high
See Coates v. Byrd, 211 F.3d 1225 , 1227 (2000) (per curiam) .
cited Cited "see" James Edward Stafford, Jr. v. Paul Thompson, Thurbert E. Baker
11th Cir. · 2003 · signal: see · confidence high
See Coates v. Byrd, 211 F.3d 1225 , 1226-27 (11th Cir.2000); 28 U.S.C. § 2244 .
discussed Cited "see" Kevin Mark Abela v. William Martin, Director, Michigan Department of Corrections
6th Cir. · 2002 · signal: see · confidence high
See Coates v. Byrd, 211 F.3d 1225 , 1227 (11th Cir.2000), cert. denied, 531 U.S. 1166 , 121 S.Ct. 1129 , 148 L.Ed.2d 995 (2001) (“[A]n application ‘for State post-conviction or other collateral review ... is pending,’ [under] 28 U.S.C. § 2244 (d)(2), only so long as the case is in the state courts.”); Rhine v. Boone, 182 F.3d 1153, 1155 (10th Cir.1999), cert. denied, 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) (“The time after the Oklahoma Court of Criminal Appeals finally denied his post-conviction application until the United States Supreme Court denied his petition for…
discussed Cited "see" Jiminez v. Rice
9th Cir. · 2000 · signal: see · confidence high
See Coates v. Byrd, 211 F.3d 1225 , 1227 (11th Cir.2000) (holding that section 2244(d)(2) tolls “only so long as the case is in the state courts”); Ott v. Johnson, 192 F.3d 510, 513 (5th Cir.1999) (“[A] petition for writ of certiorari to the Supreme Court is not an application for ‘State’ review that would toll the limitations period.”), cert. denied, — U.S.-, 120 S.Ct. 1834 , 146 L.Ed.2d 777 (2000); Rhine v. Boone, 182 F.3d 1153, 1156 (10th Cir.1999) (“[I]n the wording of § 2244(d)(2), ‘State’ modifies the phrase ‘post-conviction review’ and the phrase ‘other collat…
cited Cited "see, e.g." Davis v. Gordy (INMATE 3)
M.D. Ala. · 2021 · signal: see, e.g. · confidence low
See, e.g., Coates v. Byrd, 211 F. 3d 1225 (11th Cir. 2000); Rule 13.1, Rules of U.S. Supreme Court.
cited Cited "see, e.g." Horton v. Hood (INMATE 3)
M.D. Ala. · 2021 · signal: see also · confidence low
See, also, e.g., Coates v. Byrd, 211 F. 3d 1225 (11th Cir. 2000); Rule 13.1, Rules of U.S. Supreme Court.
cited Cited "see, e.g." Crenshaw v. Myers (INMATE 3)
M.D. Ala. · 2020 · signal: see also · confidence low
See also, e.g., Coates v. Byrd, 211 F. 3d 1225 (11th Cir. 2000); Rule 13.1, Rules of the United States Supreme Court.
discussed Cited "see, e.g." Ernest Cadet v. State of Florida Department of Corrections (2×)
11th Cir. · 2017 · signal: see also · confidence low
The attorney obviously did not do even rudimentary legal research (such as a Westlaw search of circuit decisions discussing the statutory tolling provision); if he had, he could have learned with less than five minutes of effort that “[t]hen-applicable Eleventh Circuit precedent foreclosed any argument that § 2244’s statute of limitations was tolled by the pendency of a petition for certiorari seeking review of a state postconviction proceeding.” See id. at 331, 127 S. Ct. at 1082 ; see also Coates v. Byrd, 211 F.3d 1225 , 1227 (11th Cir. 2000).
discussed Cited "see, e.g." Ernest Cadet v. State of Florida Department of Corrections
11th Cir. · 2017 · signal: see also · confidence low
The attorney obviously did not do even rudimentary legal research (such as a Westlaw search of circuit decisions discussing the statutory tolling provision); if he had, he could have learned with less than five minutes of effort that “[t]hen-applicable Eleventh Circuit precedent foreclosed any argument that § 2244’s statute of limitations was tolled by the pendency of a petition for certiorari seeking review of a state postconviction proceeding.” See id. at 331, 127 S. Ct. at 1082 ; see also Coates v. Byrd, 211 F.3d 1225 , 1227 (11th Cir. 2000).
discussed Cited "see, e.g." Lambert v. Warden
6th Cir. · 2003 · signal: see also · confidence low
See Abela v. Martin, 309 F.3d 338, 345-48 (6th Cir.2002), vacated by 318 F.3d 1155 (6th Cir.2003) (granting rehearing en banc to reconsider this issue); see also Coates v. Byrd, 211 F.3d 1225 , 1227 (11th Cir.2000); Rhine v. Boone, 182 F.3d 1153, 1155 (10th Cir.1999); Ott v. Johnson, 192 F.3d 510, 513 (5th Cir.1999).
Retrieving the full opinion text from the archive…
James COATES, Petitioner-Appellant,
v.
Thomas BYRD, Attorney General for the State of Georgia, Respondents-Appellees
99-12642.
Court of Appeals for the Eleventh Circuit.
May 11, 2000.
211 F.3d 1225
James Coates, Helena, GA, pro se., Paula Khristian Smith, Daniel G. Ash-burn, GA Dept, of Law, Atlanta, GA, for Respondents-Appellees.
Edmondson, Carnes, Hull.
Published
PER CURIAM:

James Coates filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied his application on 28 U.S.C. § 2243 statute of limitations grounds, and he appeals that denial. As explained in Murray v. United States, 145 F.3d 1249, 1250-51 (11th Cir.1998), we are limited in our review to the issue specified in the certificate of appeala-bility. [1] That issue is whether the time limit for filing Coates’ federal habeas application was tolled during the ninety-day period following the Georgia Supreme Court’s refusal to review the state trial court’s denial of his petition for collateral relief. In other words, did the section 2244(d)(1) calendar run during the ninety-day period in which Coates could have (but did not) file in the United States Supreme Court a petition for a writ of certiorari from the denial of state collateral relief. [2]

In Rhine v. Boone, 182 F.3d 1153 (10th Cir.1999), the Tenth Circuit was faced with the issue of whether the actual filing of a petition for a writ of certiorari in the United States Supreme Court following the denial of collateral relief in the state courts tolled the running of the statute of limitations. The Tenth Circuit looked to the language of 28 U.S.C. § 2244(d)(2), which is the provision applicable to tolling during state collateral proceedings, and contrasted it with the language of section 2244(d)(1), which is the provision applicable to tolling during direct appeal. Id. at 1155-56. The statute specifies that during direct appeal the tolling lasts until (or more accurately, the limitations period begins to run from) “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” See 28 U.S.C. § 2244(d)(1)(A). By contrast, the tolling during state collateral review occurs only while the application for “State post-conviction or other collateral review ... is pending.” See 28 U.S.C. § 2244(d)(2).

As the Tenth Circuit explained in Rhine, the difference in the wording of the two provisions is significant. A judgment does not become “final by the conclusion of direct review or by the expiration of the time for seeking such review,” see 28 U.S.C. § 2244(d)(1)(A), until the Supreme Court has had an opportunity to review the case or the time for seeking review has expired. See Rhine, 182 F.3d at 1156; cf. Griffith v. Kentucky, 479 U.S. 314, 321 n. 6, 107 S.Ct. 708, 712 n. 6, 93 L.Ed.2d 649 (1987) (defining a state conviction as “final” for retroactivity doctrine purposes when the availability of direct appeal has been exhausted, including the denial of a certiorari petition by the United States Supreme Court or the expiration of time[*1227] for seeking such review). On the other hand, an application “for State post-conviction or other collateral review ... is pending,” 28 U.S.C. § 2244(d)(2), only so long as the case is in the state courts. See Rhine, 182 F.3d at 1156. “A petition for writ of certiorari to the United States Supreme Court is simply not an application for state [court] review of any kind; it is neither an application for state post-conviction review nor an application for other state collateral review.” Id. Likewise, the exhaustion of state remedies, which is a prerequisite to federal habeas review, does not require a prisoner to seek certiorari review in the Supreme Court of the state courts’ denial of his state collateral petition. See id. The Fifth Circuit reached the same conclusion about this issue as did the Tenth Circuit, and for the same reasons. See Ott v. Johnson, 192 F.3d 510, 513 (5th Cir.1999).

We agree with the Tenth and Fifth Circuits that the time during which a petition for writ of certiorari is pending, or could have been filed, following the denial of collateral relief in the state courts, is not to be subtracted from the running of time for 28 U.S.C. § 2244(d)(1), statute of limitations purposes.

AFFIRMED.

1

. The Respondent's argument that the district court improperly granted a certificate of ap-pealability on a non-constitutional issue is foreclosed by our recent decision in Henry v. Department of Corrections, 197 F.3d 1361, 1364-65 (11th Cir.1999).

2

. We see no point in detailing the procedural facts of this case. Suffice it to say that if the running of the statute of limitations was tolled during the ninety-day period in which Coates could have filed a certiorari petition- in the United States Supreme Court, his section 2254 application in federal district court was timely filed. If the statute of limitations was not tolled during that period, then Coates’ section 2254 application was not timely filed.