Legal Opinion
Davis v. Johnson
Court of Appeals for the Fifth Circuit
Decided October 21, 1998No. 98-20507PublishedCited by 401 opinions
1Opinion of the Court
KING, Circuit Judge:
William Prince Davis, a Texas death row inmate, requests a certificate of appealability in order to appeal the district court’s dismissal of his writ of habeas corpus. In resolving this appeal, we must decide an issue of first impression for this circuit, namely, whether the one-year limitations period for the filing of federal habeas claims by state prisoners is a statute of limitations subject to equitable tolling or is a jurisdictional bar. We conclude that the limitations period does not circumscribe federal jurisdiction, and can be equitably tolled in appropriate,…
2Cases cited43 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Johnson v. TexasSupreme Court of the United States · 1993
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3Cited by401 opinions
- Holland v. FloridaSupreme Court of the United States · 2010
- Day v. McDonoughSupreme Court of the United States · 2006
- Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
- Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
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