Legal Opinion
Windland v. Quarterman
Court of Appeals for the Fifth Circuit
Decided August 10, 2009No. 06-10750PublishedCited by 49 opinions
1Opinion of the Court
HAYNES, Circuit Judge:
A federal habeas applicant must file his § 2254 petition within one year of the date that his conviction becomes final, 28 U.S.C. § 2244(d)(1)(A), but the time during which a properly filed state habeas petition is “pending” tolls that limitations period. § 2244(d)(2). The issue here is whether this tolling period encompasses both the day on which a state habeas petition is filed and the day on which it is decided. The district court failed to include one of these days in its tolling calculation, resulting in a finding that petitioner’s § 2254 petition was filed one day…
2Cases cited12 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Carey v. SaffoldSupreme Court of the United States · 2002
- Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- Lonchar v. ThomasSupreme Court of the United States · 1996
- James C. Flanagan v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Mathis v. ThalerCourt of Appeals for the Fifth Circuit · 2010
- Selwin Martin v. Administrator New Jersey StateCourt of Appeals for the Third Circuit · 2022
- HSBC Bank USA, N.A. v. Kenneth CrumCourt of Appeals for the Fifth Circuit · 2018
- Chrysler v. GuineyDistrict Court, S.D. New York · 2014
- United States v. Richard GoyetteCourt of Appeals for the Fifth Circuit · 2011
44 more not listed; retrieve them via the Exa API.