United States Fifth Circuit

Dismissal, as time-barred, of a petition for habeas relief from a conviction and sentence for aggravated sexual assault and indecency with a child by contact is affirmed where: 1) the prison mailbox rule does not apply to Texas state habeas filings; and 2) petitioner's section 2254 petition was not rendered timely due to statutory tolling.

Appellate Information

• Decided 11/07/2007
• Published 11/08/2007

Judges

• PER CURIAM:, Before KING, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gene Edward Howland, Huntsville, TX, pro se.


• For Appellees:
  
• Tommy Lee Skaggs, Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.