083107P.pdf   11/16/2009  Phillip Parmley  v.  Larry Norris
   U.S. Court of Appeals Case No:  08-3107
   U.S. District Court for the Western District of Arkansas - Hot Springs   
   [PUBLISHED] [Melloy, Author, with Gruender and Benton, Circuit Judges]
   Prisoner case - habeas. Arkansas Court of Appeals is not a state court of
   last resort, and the Supreme Court of the United States could not have
   reviewed either the affirmance of Parmley's conviction or the denial of
   his motion for rehearing; as a result, the expiration of time for seeking
   direct review does not include the time period that Parmley could have
   filed a petition for certiorari; the statute of limitations for Parmley's
   habeas petition began running immediately after the Arkansas Court of
   Appeals denied his motion for rehearing, and this petition was not filed
   until 390 days after that date; as a result, the district court did not
   err in finding the habeas petition was untimely. Judge Gruender,
   dissenting.