Legal Opinion
Hutson v. Quarterman
Court of Appeals for the Fifth Circuit
Decided November 14, 2007No. 05-20559PublishedCited by 11 opinions
1Per curiam
At issue is whether a post-conviction motion pursuant to Texas Code of Criminal Procedure article 64.01 for DNA testing qualifies as “other collateral review” and thus tolls the Antiterrorism and Effective Death Penalty Act’s (AEDPA’s) one-year limitations period under 28 U.S.C. § 2244(d)(1). We conclude that it does.
I
On September 26, 2001, Wilbert Ray Hutson was convicted by a jury of aggravated assault and was sentenced to ten years in prison. On October 10, 2002, the state appellate court affirmed Hutson’s conviction. On April 2, 2003, the Texas Court of Criminal Appeals refused his…
2Cases cited13 opinions
- Duncan v. WalkerSupreme Court of the United States · 2001
- Carey v. SaffoldSupreme Court of the United States · 2002
- Johnny Cowherd v. George Million, WardenCourt of Appeals for the Sixth Circuit · 2004
- Spotville v. CainCourt of Appeals for the Fifth Circuit · 1998
- Nevin G. Sweger, Jr. v. Joseph W. Chesney District Attorney of the County of Cumberland Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2002
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3Cited by11 opinions
- Woodward v. ClineCourt of Appeals for the Tenth Circuit · 2012
- Brown v. Secretary for Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2008
- Price, Joseph v. Jones, EddieCourt of Appeals for the Seventh Circuit · 2010
- Stephen Kares v. Bryan MorrisonCourt of Appeals for the Sixth Circuit · 2023
- (HC) Donovan v. DiazDistrict Court, E.D. California · 2022
6 more not listed; retrieve them via the Exa API.