United States Fifth Circuit

In a capital habeas matter, denial of the habeas petition as untimely is reversed where a state habeas petition is "pending" for the purposes of tolling under 28 U.S.C. section 2244(d)(2) on the day it is filed through (and including) the day it is decided.

Appellate Information

• Decided 08/10/2009
• Published 08/11/2009

Judges

• HAYNES, Circuit Judge:, Before JOLLY, BENAVIDES and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Cory Eugene Windland, Woodville, TX, pro se.


• For Appellees:
  
• Charles A. Palmer, Forrest Lumpkin, Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.