Legal Opinion
Kiser v. Johnson
Court of Appeals for the Fifth Circuit
Decided January 6, 1999No. 97-11292PublishedCited by 118 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Petitioner-Appellant Ben Lyndon Kiser appeals the dismissal of his 28 U.S.C. § 2254 habeas petition. Kiser argues that the district court erred in applying the statute of limitations provision of the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), 28 U.S.C. § 2244(d)(1), retroactively to bar the petition. He further argues that the district court erred in raising the statute of limitations defense sua sponte. For reasons that follow, we affirm.
I
Kiser was convicted by a Texas jury of aggravated sexual assault of a child on October 2, 1986. The…
2Cases cited14 opinions
- Isiah Carl Green v. Dan v. McKaskle Acting Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1986
- 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
- Bilal Muhammad Ali v. Max HiggsCourt of Appeals for the Fifth Circuit · 1990
- William Hamilton Gartrell v. R.S. GaylorCourt of Appeals for the Fifth Circuit · 1993
9 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
- Scott v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- Curtis Long v. Harry Wilson, SuperintendentCourt of Appeals for the Third Circuit · 2004
- Michael T. Herbst v. Dave Cook, Director Oregon Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2001
- Roberts v. CockrellCourt of Appeals for the Fifth Circuit · 2003
113 more not listed; retrieve them via the Exa API.