Fifth Circuit -- Godfrey Mark v. Rick Thaler, Director

Godfrey Mark v. Rick Thaler, Director

   Prisoner seeks federal habeus review - the issue is whether the AEDPA clock runs from the granting of petitioner's motion to dismiss his direct appeals, or from the end of the time he would have had to appeal that decision.  Court says the latter.

   A ruling dismissing a case may be appealed by any party for thirty days - the issue is not whether it would have been successful, but whether it could have been filed.

   General rule of practice that appeals dismissed on petitioner's motion are treated as if they had never been filed is a federal rule, not a Texas one.

   Dissent - contrary caselaw, some from other Circuits, holding that once a direct appeal is effectively final, the clock runs.