Legal Opinion
Salinas v. Dretke
Court of Appeals for the Fifth Circuit
Decided January 7, 2004No. 02-41721PublishedCited by 21 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Gary Salinas’s petition for writ of habeas corpus was denied as time-barred. Proceeding pro se, Salinas concedes that his petition was untimely when it was originally filed but argues that intervening events have rendered his petition premature, not late. Specifically, Salinas reasons that the Texas Court of Criminal Appeals effectively restored him to the direct review phase of his appeal when it granted him the right to file an “out-of-time” petition for discretionary review in that court, and that this action requires federal courts to measure the statute of…
2Cases cited11 opinions
- Ex Parte WilsonCourt of Criminal Appeals of Texas · 1997
- Ex Parte TorresCourt of Criminal Appeals of Texas · 1997
- Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- Roberts v. CockrellCourt of Appeals for the Fifth Circuit · 2003
- Harcon Barge Co. v. D & G Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1986
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jimenez v. QuartermanSupreme Court of the United States · 2009
- Hernandez v. ThalerCourt of Appeals for the Fifth Circuit · 2011
- Causey v. CainCourt of Appeals for the Fifth Circuit · 2006
- Butler v. CainCourt of Appeals for the Fifth Circuit · 2008
- Robert F. Caldwell v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Pete Ronald Martinez v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, David Franklin Beck v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2005
16 more not listed; retrieve them via the Exa API.