district court erred in finding that the petition was untimely

Pierson v. Dormire, No. 06-2545

Denial of a petition for a writ of habeas corpus, which challenged a conviction for robbery and armed criminal action, is reversed where the district court erred in finding that the petition was untimely. Under Nichols v. Bowersox, 172 F.3d 1068 (8th Cir. 1999), a Missouri state prisoner's judgment becomes final within the meaning of 28 U.S.C. section 2244(d)(1)(A) exactly ninety days after his conviction is affirmed on direct appeal, even if he has not filed a motion for transfer to the Missouri Supreme Court.