Legal Opinion

Dolan v. Dretke

Court of Appeals for the Fifth Circuit

Decided February 9, 2006No. 03-41186UnpublishedCited by 2 opinions

1Opinion of the Court

PER CURIAM: *

Carl Raymond Dolan, Texas prisoner # 1004499, seeks a certificate of appealability (“COA”) to appeal the dismissal of his 28 U.S.C. § 2254 petition, wherein he challenged his conviction for aggravated sexual assault. The district court dismissed Dolan’s petition as time-barred by the one-year limitations period of the Anti-terrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(d).

To obtain a COA, a prisoner must make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); see Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029,…

2Cases cited8 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  4. Whitehead v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
  5. Phillips v. DonnellyCourt of Appeals for the Fifth Circuit · 2000

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3Cited by2 opinions

  1. Causey v. CainCourt of Appeals for the Fifth Circuit · 2006
  2. Randle v. DavisDistrict Court, N.D. Mississippi · 2021

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