The court of appeals affirmed a judgment of the district court. The court held that a state court’s dismissal of an untimely notice of appeal does not restart the one-year limitations period on federal habeas claims under 28 U.S.C. §2244(d)(1)(A).
Patrick Randle was convicted in Nevada state court on five counts, including first degree murder with use of a deadly weapon. Randle was sentenced to the equivalent of four consecutive life sentences without the possibility of parole. The judgment of conviction was filed on August 5, 1996. Under Nevada law, Randle had until September 4, 1996 in which to appeal.
