Legal Opinion

Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

Court of Appeals for the Fifth Circuit

Decided September 14, 1999No. 98-10298PublishedCited by 151 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

Texas state prisoner Feliz Talaz Villegas appeals the dismissal of his petition for a writ of habeas corpus. The district court *468found that Villegas did not file his petition within the limitation period established by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (“AEDPA”). We conclude that the statute of limitations was tolled while Villegas’s second state habeas petition was pending. Because we exclude that time period from the calculus, we find that Villegas’s federal petition was timely. We therefore vacate…

2Cases cited21 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. Lonchar v. ThomasSupreme Court of the United States · 1996
  4. Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
  5. Richard Gerry Drinkard v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996

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

3Cited by151 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. Felder v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  3. Webster v. MooreCourt of Appeals for the Eleventh Circuit · 2000
  4. Joseph George Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2001
  5. Tony Bruce Bennett v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 1999

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

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