AEDPA, Habeas
Untimely Certiorari petition filed with Supreme Court that is denied without sign that the lateness has been excused does not reset the statutory deadline for filing a subsequent Habeas petition. Circuit footnote suggesting otherwise dicta.
Missed deadline by counsel in direct review did not constitute abandonment, as petitioner was timely notified of the late filing and sent a Habeas pamphlet.
Incorrect telephone guidance by Supreme Court clerk didn't cancel the fact that petitioner was on notice of the deadline.
USA v. Derrick Wheaten
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.