Legal Opinion

Gerald Burge v. Parish of St. Tammany

Court of Appeals for the Fifth Circuit

Decided September 22, 1993No. 92-3659PublishedCited by 31 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

Gerald Burge appeals the dismissal of his civil rights action. 'The district court concluded that Burge’s claims were barred by the applicable one-year statute of limitations. We conclude that Appellant’s pursuit of state habeas remedies tolled the prescriptive period. Accordingly, we reverse and remand for further proceedings.

I

Appellant was convicted of murder and sentenced to life imprisonment. His counsel then began an inquiry into the disappearance of the police file compiled during the murder investigation. Burge’s counsel had previously requested that any exculpatory…

2Cases cited19 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  3. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  4. Hardin v. StraubSupreme Court of the United States · 1989
  5. Corsey v. State, Through Dept. of CorrectionsSupreme Court of Louisiana · 1979

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

3Cited by31 opinions

  1. Harris v. HegmannCourt of Appeals for the Fifth Circuit · 1999
  2. Burge v. Parish of St. TammanyCourt of Appeals for the Fifth Circuit · 1999
  3. Gonzalez v. HastyCourt of Appeals for the Second Circuit · 2011
  4. Burge v. St. Tammany ParishCourt of Appeals for the Fifth Circuit · 2003
  5. Hurle Bradley v. St. Landry ParishCourt of Appeals for the Fifth Circuit · 2020

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API