GRILLETTE v. WARDEN, WINN CORR. CTR., 02-30937
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.
- Decided 06/22/2004
- Published 06/22/2004
- CARL E. STEWART, Circuit Judge:, Before GARWOOD, JONES and STEWART, Circuit Judges.
- United States Fifth Circuit
- 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.