Legal Opinion

Wilson v. Cain

Court of Appeals for the Fifth Circuit

Decided April 1, 2009No. 07-30728PublishedCited by 11 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Pursuant to our grant of a certificate of appealability (“COA”), prisoner Craig Wilson appeals the district court’s denial of his 28 U.S.C. § 2254 petition as untimely. Wilson contends that his conviction became final on the day that the Louisiana Supreme Court (“LSC”) denied his motion for rehearing, which would render his § 2254 petition timely. The district court dismissed Wilson’s § 2254 petition, finding that since LSC rules do not permit consideration of a motion for rehearing where the LSC has merely granted or denied a writ, the motion for rehearing did…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Jimenez v. QuartermanSupreme Court of the United States · 2009
  3. Roberts v. CockrellCourt of Appeals for the Fifth Circuit · 2003
  4. Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
  5. Department of Banking of Neb. v. PinkSupreme Court of the United States · 1942

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3Cited by11 opinions

  1. Craig Wilson v. Burl Cain, WardenCourt of Appeals for the Fifth Circuit · 2011
  2. Maldonado v. ThalerDistrict Court, S.D. Texas · 2009
  3. Larry Thomas, Jr. v. Jerry Goodwin, WardenCourt of Appeals for the Fifth Circuit · 2015
  4. Craig Wilson v. Burl Cain, WardenCourt of Appeals for the Fifth Circuit · 2011
  5. James North v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2020

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

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