United States Fifth Circuit

Denial of pro se petitioner's petition for a writ of habeas corpus as not timely filed is reversed and remanded where: 1) the state did not demonstrate that petitioner should have learned of the existence and relevance of the victim's former employer's testimony with the exercise of due diligence at his trial; and 2) also, a magistrate judge erred in her calculation of the one-year limitations period under the AEDPA.

Appellate Information

• Decided 04/10/2008
• Published 04/11/2008

Judges

• PRADO, Circuit Judge:, Before SMITH and PRADO, Circuit Judges, and YEAKEL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Starns, Jackson, LA, pro se., Dale R. Lee, Asst. Dist. Atty., Baton Rouge, LA, for Andrews.