No. 25-1312October Term 2025Petition Pending
Dexter Payne, Director, Arkansas Division of Correction v. Harl A. Garrett
This case concerns whether a state prisoner’s request for permission to file a late direct appeal pauses the one-year federal deadline for filing a habeas corpus petition when the state court denies that request.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Decision timing
- No decision timeline until the Court agrees to hear the case.
- What it's about
This case concerns whether a state prisoner’s request for permission to file a late direct appeal pauses the one-year federal deadline for filing a habeas corpus petition when the state court denies that request. Arkansas argues that only a granted out-of-time appeal resets the deadline, while Garrett contends that his request should count as a pending state collateral-review application that tolls the deadline.
Question presented
Whether a state-court motion asking to file a belated direct appeal is an “application . . . for other collateral review” under 28 U.S.C. § 2244(d)(2), that tolls AEDPA’s one-year statute of limitations?
- Case path
United States Court of Appeals for the Eighth Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
The case asks whether a prisoner's request to file a late direct appeal pauses, or tolls, the one-year deadline for a federal habeas corpus petition (a federal challenge to a conviction or sentence). Arkansas says a denied request does not pause the clock; Garrett says it counts as collateral review (a separate court review after conviction).
Argument
Oral argument has not been scheduled. Arkansas argues that only a granted out-of-time appeal resets the deadline, while Garrett argues that his request paused the deadline while it was pending.
Impact
The answer could determine whether prisoners can bring federal challenges after asking state courts for permission to appeal late. For example, a prisoner whose late-appeal request is denied could lose time to file in federal court if the clock kept running.
What is at stake in Payne v. Garrett?
The case concerns whether a request to file a late state appeal pauses the deadline for a federal habeas corpus petition.
Who could be affected by the Court's decision?
State prisoners seeking late direct appeals could gain or lose time to file federal challenges to their convictions or sentences.
What happens next in Payne v. Garrett?
The Court may schedule oral argument or take another scheduling step. No decision timing has been set.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology