Legal Opinion
Smith v. Ward
Court of Appeals for the Fifth Circuit
Decided April 7, 2000No. 98-30444PublishedCited by 46 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Rodney Smith’s federal habeas application having been dismissed as untimely under 28 U.S.C. § 2244(d)(1)(A), at issue is whether his state habeas application, denied as time-barred pursuant to La.Code Crim. P. art. 930.8, was “properly filed”, within the meaning of § 2244(d)(2), so that the period for filing his federal application was tolled. We VACATE and REMAND.
I
In 1988, convicted by a Louisiana jury for possession of stolen things, Smith was sentenced to two years probation. He pleaded guilty in 1990 to three armed robberies, and was sentenced to two…
2Cases cited5 opinions
- State v. ParkerSupreme Court of Louisiana · 1998
- James C. Flanagan v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
- Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Fields v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- State ex rel. Smith v. StateSupreme Court of Louisiana · 1997
3Cited by46 opinions
- Artuz v. BennettSupreme Court of the United States · 2000
- Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
- Charles Brown v. Robert Shannon the District Attorney of the County of Philadelphia the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2003
- Drew v. Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2002
- Lookingbill v. CockrellCourt of Appeals for the Fifth Circuit · 2002
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