Emerson v. Johnson
Court of Appeals for the Fifth Circuit
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
- Artuz v. BennettSupreme Court of the United States · 2000
- Ex Parte LemkeCourt of Criminal Appeals of Texas · 2000
- Steven R. Lovasz v. Scig Supt. Donald T. VaughnCourt of Appeals for the Third Circuit · 1998
- Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Williams v. CainCourt of Appeals for the Fifth Circuit · 1997
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3Cited by72 opinions
- Roberts v. CockrellCourt of Appeals for the Fifth Circuit · 2003
- Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
- Joseph George Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2001
- Fierro v. CockrellCourt of Appeals for the Fifth Circuit · 2002
- Lookingbill v. CockrellCourt of Appeals for the Fifth Circuit · 2002
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