Legal Opinion
Walters v. Scott
Court of Appeals for the Fifth Circuit
Decided May 31, 1994No. 92-01297PublishedCited by 59 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
A state prisoner appeals from the district court’s dismissal of his petition for a writ of habeas corpus. The district court dismissed the petition as untimely under Rule 9(a) of the Rules Governing Section 2254 Cases (“Section 2254 Rules”). 1 We conclude that the state has not met its burden of making a particularized showing of prejudice sufficient to support a Rule 9(a) dismissal. Accordingly, we REVERSE the district court’s dismissal of the petition and REMAND to the district court for an evidentiary hearing.
I
On August 16, 1978, petitioner/appellant Victor Wayne…
2Cases cited17 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Harris v. ReedSupreme Court of the United States · 1989
- Evitts v. LuceySupreme Court of the United States · 1985
- Vasquez v. HillerySupreme Court of the United States · 1986
- Jerry Lynn Young v. Robert Herring, Lee County SheriffCourt of Appeals for the Fifth Circuit · 1991
12 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Lorenzo Matthews v. Joseph Abramajtys, WardenCourt of Appeals for the Sixth Circuit · 2003
- Parrish Towns, Petitioner-Appellee/cross-Appellant v. David Smith, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2005
- Perez, Ex Parte Alberto GironCourt of Criminal Appeals of Texas · 2013
- William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional FacilityCourt of Appeals for the Tenth Circuit · 1995
- United States v. A. Guy Crouch, III and Michael J. FryeCourt of Appeals for the Fifth Circuit · 1996
54 more not listed; retrieve them via the Exa API.