Martinez v. Dretke

PRADO, Circuit Judge:

The issue in this case is whether orders of deferred adjudication community super-vision1 and straight probation are final judgments for purposes of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) one-year statute of limitations.2 This is a question of first impres*523sion in this circuit. We hold that orders of deferred adjudication and straight probation are final judgments for purposes of AEDPA’s one-year statute of limitations. For the reasons that follow, we affirm the judgments of the district courts.

I

The district courts dismissed…