United States Fifth Circuit

Court ruled defendant's state post-conviction relief proceedings remained "pending," and thereby tolled the statute of limitations during this period, rendering his 28 U.S.C. Section 2254 application timely. The lower court erred in dismissing the application as time-barred.

Appellate Information

• Decided 06/22/2004
• Published 06/22/2004

Judges

• CARL E. STEWART, Circuit Judge:, Before GARWOOD, JONES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Peter Reichman Flowers (argued), Shreveport, LA, for Petitioner-Appellant.


• For Appellees:
  
• Stephen Christopher Fortson (argued), Lemle, Kelleher, Barlow & Hardtner, Shreveport, LA, Don M. Burkett, Many, LA, for Respondent-Appellee.