Legal Opinion

Emerson v. Johnson

Court of Appeals for the Fifth Circuit

Decided March 15, 2001No. 99-20398PublishedCited by 72 opinions

1Opinion of the Court

MAGILL, Circuit Judge:

Christopher J. Emerson filed a habeas petition in district court, challenging the constitutionality of his Texas state court conviction for aggravated sexual assault. A magistrate judge dismissed Emerson’s petition as time-barred under the Antiterrorism and Effective Death Penalty Act (“AEDPA”). Emerson appeals, and we vacate the judgment and remand for further proceedings.

I

A Texas jury convicted Emerson of aggravated sexual assault, and the trial court sentenced him to thirty-five years imprisonment. After Emerson exhausted direct review of his conviction, he filed a…

2Cases cited11 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. Ex Parte LemkeCourt of Criminal Appeals of Texas · 2000
  3. Steven R. Lovasz v. Scig Supt. Donald T. VaughnCourt of Appeals for the Third Circuit · 1998
  4. Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
  5. Williams v. CainCourt of Appeals for the Fifth Circuit · 1997

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

3Cited by72 opinions

  1. Roberts v. CockrellCourt of Appeals for the Fifth Circuit · 2003
  2. Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
  3. Joseph George Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2001
  4. Fierro v. CockrellCourt of Appeals for the Fifth Circuit · 2002
  5. Lookingbill v. CockrellCourt of Appeals for the Fifth Circuit · 2002

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

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