United States Fifth Circuit

A motion for authorization to file a successive petition is not itself an "application for a writ of habeas corpus," and because late filing of a habeas petition was the result of defendant's own legal error, equitable tolling of the one-year statute of limitations is not warranted. (Revised opinion)

Appellate Information

• Decided 06/13/2002
• Published 06/19/2002

Judges

• E. GRADY JOLLY, Circuit Judge:, Before KING, Chief Judge, and JOLLY and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jean Terranova, Melrose, MA, Richard H. Burr, III (argued), Burr & Welch, Houston, TX, for Petitioner-Appellant., William Aceves, California Western School of Law, San Diego, CA, Nicholas Joseph Trenticosta, Center for Equal Justice, New Orleans, LA, for Human Rights Advocates, Minnesota Advocates for Human Rights and Extradition and Human Rights Committee of American Branch of Intern. Law Ass'n, Amici Curiae., Sandra Lynn Babcock, Minneapolis, MN, for Government of United Mexican States, Amicus Curiae.


• For Appellees:
  
• Edward Larry Marshall (argued), Austin, TX, for Respondent-Appellee.