Fisher v. Johnson
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Thomas James Fisher appeals the dismissal of his 28 U.S.C. § 2254 habeas petition as time-barred, contending that the district court abused its discretion by refusing equitably to toll the limitation period. Finding no error, we affirm.
I
Fisher was convicted of murder and sentenced to serve thirty years in prison. His conviction was affirmed by the Texas Court of Appeals and, on petition for discretionary review, by the Texas Court of Criminal Appeals. He filed a state habeas application, and the trial court recommended denial without a hearing. The Texas Court of…
2Cases cited26 opinions
- Lindh v. MurphySupreme Court of the United States · 1997
- Lonchar v. ThomasSupreme Court of the United States · 1996
- Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
- Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- 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 by521 opinions
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- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
- Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
- Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
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