Legal Opinion
Dilworth v. Johnson
Court of Appeals for the Fifth Circuit
Decided June 20, 2000No. 98-41293PublishedCited by 33 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
Rodney James Dilworth, a Texas state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as time-barred. Concluding that Dilworth’s state habeas application (challenging a pri- or conviction used to enhance his current state sentence) tolled the period of limitation within the meaning of 28 U.S.C. § 2244(d)(2), we vacate the district court’s dismissal of his petition and remand for further proceedings.
I. PROCEDURAL HISTORY
In 1987, Dilworth pleaded guilty to the felony offense of aggravated assault and received a three-year sentence of…
2Cases cited12 opinions
- Maleng v. CookSupreme Court of the United States · 1989
- James C. Flanagan v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
- Fisher v. State of TexasCourt of Appeals for the Fifth Circuit · 1999
- Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Ramirez v. YatesCourt of Appeals for the Ninth Circuit · 2009
- David C. Smith v. W.A. Duncan, WardenCourt of Appeals for the Ninth Circuit · 2002
- Melancon v. KayloCourt of Appeals for the Fifth Circuit · 2001
- Garza-Garcia v. MooreDistrict Court, S.D. Texas · 2007
- Mark David Godfrey v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2005
28 more not listed; retrieve them via the Exa API.