United States Fifth Circuit

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Henderson v. Thaler, 08-70018

In a capital habeas matter, a denial of petitioner's habeas petition is affirmed in part where petitioner did not cite any authority holding that there was an "actual innocence of the death penalty" exception to the AEDPA statute of limitations. However, the order is vacated in part where the district court needed to further consider whether petitioner was entitled to equitable tolling in light of Holland v. Florida.

Appellate Information

  • Decided 11/17/2010
  • Published 11/17/2010


  • E. Grady Jolly


  • United States Fifth Circuit