United States Fifth Circuit

In a second-degree murder prosecution, the dismissal of petitioner's habeas petition as untimely is affirmed where, because the overturning and reinstatement of petitioner's conviction occurred solely through post-conviction review, this did not affect the date his conviction became final under direct review and thus his federal habeas petition was untimely.

Appellate Information

• Decided 12/14/2010
• Published 12/14/2010

Judges

• Edward D. Prado

Court

• United States Fifth Circuit

Counsel