United States Fifth Circuit

In petitioner's appeal from the dismissals, as time-barred, of his federal petitions for writs of habeas corpus, the orders are vacated where filing a time-credit dispute-resolution request under Texas law impedes a prisoner's ability to file for state habeas relief, so AEDPA limitations were tolled during petitioner's time-served credit dispute.

Appellate Information

• Decided 08/06/2010
• Published 08/06/2010

Judges

• Jerry E. Smith

Court

• United States Fifth Circuit

Counsel