Cite as: 552 U. S. ____ (2007)
SUPREME COURT OF THE UNITED STATES
RICHARD F. ALLEN, COMMISSIONER, ALABAMA
DEPARTMENT OF CORRECTIONS v. DANIEL
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED
STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No. 06–1680. Decided November 5, 2007
Daniel Siebert was convicted and sentenced to death in
the State of Alabama for the murder of Linda Jarman.
Siebert’s conviction and sentence were affirmed on direct
appeal, and the certificate of judgment issued on May 22,
1990. This Court denied certiorari on November 5, 1990.
Siebert v. Alabama, 498 U. S. 963. On August 25, 1992,
Siebert filed a petition for postconviction relief in Alabama
state court. The state courts denied the petition as un-
timely, however, because it was filed approximately three
months after the expiration of the then-applicable 2-year
statute of limitations, 2 Ala. Rule Crim. Proc. 32.2(c)
(2000–2001), which began to run from the date the certifi-
cate of judgment issued.* The Alabama Supreme Court
denied certiorari on September 15, 2000. Siebert did not
seek review in this Court. On September 14, 2001, Siebert
filed a petition for a federal writ of habeas corpus, see 28
U. S. C. §2254, in the District Court for the Northern
District of Alabama.
The Antiterrorism and Effective Death Penalty Act of
*At the time Siebert’s petition was before the Alabama courts, Rule
32.2(c) provided that “the court shall not entertain any petition,” with
certain exceptions not applicable here, “unless the petition is filed . . .
within two (2) years after the issuance of the certificate of judgment by
the Court of Criminal Appeals.” The statute has since been amended to
provide for a 1-year limitations period, but is otherwise unchanged.
See 1 Ala. Rule Crim. Proc. 32.2(c) (2007–2008).
ALLEN v. SIEBERT
1996 (AEDPA) established a 1-year statute of limitations
for filing a federal habeas petition. §2244(d)(1). The
limitations period is