United States Fifth Circuit

The grant of Petitioner's habeas petition is reversed where the petition was not filed within one year of the denial of his parole because: 1) Petitioner's request for special review in the Texas parole system did not toll the federal habeas limitations period; and 2) Petitioner's mistake of law did not create equitable tolling.

Appellate Information

• Decided 04/29/2009
• Published 04/29/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and SOUTHWICK, Circuit Judges, and ENGELHARDT, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Evers Jason Leach (argued), (Court-Appointed), Law Offices of E. Jason Leach, Odessa, TX, for Wion., Gretchen Berumen Merenda, Asst. Atty. Gen. (argued), Postconviction Lit. Div., Austin, TX, for Quarterman.