United States Fifth Circuit

The writ granted by the Court of Criminal Appeals, awarding the prisoner the right to file an "out-of-time" petition for discretionary review, had no effect on the statute of limitations set forth in 28 U.S.C. section 2244(d)(1)(A), which had fully lapsed by the time his federal habeas petition was filed.

Appellate Information

• Decided 01/07/2004
• Published 01/07/2004

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BARKSDALE and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gary J. Salinas, Iowa Park, TX, pro se.


• For Appellees:
  
• Karyl Krug, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.