Legal Opinion

Gonzalez v. Thaler

Court of Appeals for the Fifth Circuit

Decided October 6, 2010No. 08-10871PublishedCited by 33 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

Petitioner-appellant Rafael Gonzalez appeals the district court’s dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The district court held that Gonzalez’s petition was time-barred under 28 U.S.C. § 2244(d)(1) because he failed to file his petition within one year of the expiration of his time to appeal his intermediate state appellate court judgment to the Texas Court of Criminal Appeals. We affirm.

FACTS AND PROCEEDINGS

On July 14, 2005, Gonzalez was convicted of murder and sentenced to thirty -years in prison.…

2Cases cited11 opinions

  1. Lawrence v. FloridaSupreme Court of the United States · 2007
  2. Artuz v. BennettSupreme Court of the United States · 2000
  3. Clay v. United StatesSupreme Court of the United States · 2003
  4. Jimenez v. QuartermanSupreme Court of the United States · 2009
  5. James C. Flanagan v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998

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3Cited by33 opinions

  1. Gonzalez v. ThalerSupreme Court of the United States · 2012
  2. Bonvillian Marine Service v. PellegrinCourt of Appeals for the Fifth Circuit · 2021
  3. Gahagan v. U.S. Citizenship & Immigration Servs.Court of Appeals for the Fifth Circuit · 2018
  4. Artrai Alexander v. TDCJCourt of Appeals for the Fifth Circuit · 2020
  5. Miller v. DunnCourt of Appeals for the Fifth Circuit · 2022

28 more not listed; retrieve them via the Exa API.

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