United States Fifth Circuit

Dismissal of a petition for post-conviction relief from a murder conviction and death sentence is reversed as to a ruling that the petition was untimely since the district court erred in not granting equitable tolling of the statute of limitations, and reversed as to the district court's sua sponte application of the procedural-default rule to petitioner's jury-misconduct claim.

Appellate Information

• Decided 07/18/2006
• Published 07/19/2006

Judges

• WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Scott Sullivan, San Antonio, TX, for Prieto., Jeremy Craig Greenwell, Austin, TX, for Quarterman.