United States Fifth Circuit

Following a prosecution for second degree murder and a subsequent conviction to life in prison, denial of a petition for writ of habeas corpus as untimely is affirmed where: 1) petitioner's time for seeking further review of his state conviction expired when he did not challenge a Louisiana appellate court's decision within 30 days; and 2) petitioner did not meet the requirements of section 2244(d)(2) for tolling since his appeal to the Louisiana Supreme Court was untimely.

Appellate Information

• Decided 06/25/2008
• Published 06/25/2008

Judges

• SOUTHWICK, Circuit Judge:, Before DAVIS and SOUTHWICK, Circuit Judges, and CLARK, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charles T. Butler, Angola, LA, pro se., James E. Paxton, St. Joseph, LA, for Cain.