Daniel Rodriguez v. Rick Thaler, Director

JENNIFER WALKER ELROD, Circuit Judge:

Pursuant to a certificate of appealability (COA) granted by this court on November 30, 2010, Daniel Rodriguez, Texas prisoner # 1473833, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as time-barred. Because we conclude that Rodriguez did not waive his right to direct appeal and as a result his habeas petition was timely under AEDPA, we REVERSE the judgment of the district court and REMAND for the district court to consider Rodriguez’s habeas petition on the merits.

I

Rodriguez pleaded guilty to driving while…