153523P.pdf   02/24/2017  Christopher Martin  v.  John Fayram
   U.S. Court of Appeals Case No:  15-3523
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Murphy, Author, with Loken and Kelly, Circuit Judges] 
   Prisoner case - Habeas. Martin's conviction was the relevant judgment 
   under 28 U.S.C. Sec.2244(d)(1)(A) and that conviction became final for 
   determining the relevant AEDPA filing period at the conclusion of his 
   direct appeal; all of the vital facts underlying Martin's claims were 
   known to him before the conclusion of his direct appeal, and an argument 
   that the factual predicate for his ineffective assistance of counsel 
   claims arose during the state post-conviction proceedings, thereby 
   triggering AEDPA's limitation period is rejected; this habeas was, 
   therefore, untimely, and there were no extraordinary circumstances 
   justifying equitably tolling the filing period; the district court did not 
   err by requiring Martin to waive any claims against his counsel without 
   providing independent counsel as any argument for tolling based on 
   counsel's pre-filing conduct would have been close to frivolous. Judge 
   Kelly, dissenting.