by trial counsel and raised claims related to various trial rulings, including the trial court’s failure to instruct the jury on lesser degrees of homicide. The Superior Court affirmed on December 30, 2009. The Pennsylvania Supreme Court denied Gonzalez’s petition for appeal on July 14, 2010, and he did not petition the Supreme Court of the United States for a writ of certiorari. On October 12, 2010—90 days after the Pennsylvania Supreme Court denied the petition for leave to appeal—the limitations period began to run for both the Antiterrorism and Effective Death Penalty-Act (AEDPA) and Pennsylvania’s Post Conviction Relief Act (PCRA), 42 Pa. Cons. Stat. § 9545(b)(3); 28 U.S.C. § 2244(d)(1)(A); S. Ct. R. 13; see also Kapral v. United States, 166 F.3d 565, 575 (3d Cir. 1999) (<HOLDING>). The one-year window for filing a PCRA
holding that a state court criminal judgment is final for purposes of collateral attack in federal court at the conclusion of review in the united states supreme court or when the time for seeking certiorari review expires holding that the oneyear statute of limitations was not tolled during the pendency of petition for certiorari to the united states supreme court seeking review of denial of state postconviction relief holding that for purposes of  2255 motions a federal criminal judgment becomes final when the time for filing a direct appeal expires holding that a judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate courts affirmation of the conviction recognizing that where a state prisoner declines to pursue certiorari in the united states supreme court that petitioners conviction is not final  until  after the time for filing a petition for certiorari with the supreme court has passed