Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus
Loaded on July 15, 2020 by Dale Chappell published in Criminal Legal News August, 2020, page 42
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Leonard v. Deville
|Cite||960 F.3d 164 (5th Cir. 2020)|
|Level||Court of Appeals|
|Appeals Court Edition||F.3d|
More from this issue:
- Police State: From Social Justice to Social Dominance, by Michael Fortino, Ph.D
- Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence, by Matthew Clarke
- Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement, by Douglas Ankney
- Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context, by Dale Chappell
- Report Finds NYPD Officers Accidentally Deploy Tasers 25% of the Time, by Douglas Ankney
- California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property, by Douglas Ankney
- Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress, by Dale Chappell
- Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest, by Douglas Ankney
- D.C. Circuit Reverses Nearly 50-Year-Old Murder Conviction Over Faulty Hair Evidence, by Dale Chappell
- Minnesota Supreme Court: Non-Identifying Information About CI Must Be Disclosed Upon Request, by Anthony Accurso
- Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea, by David Reutter
- Massachusetts Supreme Court: Officer’s Handling of Cellphone Exceeded Scope of Inventory Search, by Anthony Accurso
- Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk, by Douglas Ankney
- FOIA Redaction Limbo: How Low They Will Go, by Edward Lyon
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, by Dale Chappell
- California Court of Appeal: Trial Court Abused Discretion Denying Compassionate Release Where Statutory Criteria Are Met, by Dale Chappell
- Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement, by Douglas Ankney
- Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA, by Dale Chappell
- Policing is irrelevant for public safety — but these alternatives are proven to work, by Justin Podur/Independent Media Institute, AlterNet.com
- Myth of Technology as an Equalizing Force in Criminal Justice, by Anthony Accurso
- Kansas Supreme Court: District Court Failed to Apprise Defendant of Right to Jury Trial, by Douglas Ankney
- Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights, by Anthony Accurso
- Oklahoma Enacts Jailhouse Informant Law, Joins Other States, by Dale Chappell
- South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence, by Douglas Ankney
- Iowa Supreme Court Announces That ‘Good Cause’ in Newly Amended Appeals Statute Means ‘a Legally Sufficient Reason’, by Douglas Ankney
- South Carolina Supreme Court: State Cannot Appeal Guilty Plea, by David Reutter
- Two New Forensic DNA Standards Added to the OSAC Registry
- Big Brother, as Well as Big Business, Are Tracking You: the Snitch in Your Own Pocket, Purse, or Belt Holder, by Edward Lyon
- Neuroscience and Criminal Cases, by Jayson Hawkins
- Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds, by Douglas Ankney
- Eighth Circuit Affirms Habeas Relief Decades After Conviction Because Prosecutor Destroyed Evidence Prior to Trial, by Dale Chappell
- Eleventh Circuit Vacates Firearm Conviction Based on Rehaif, by Douglas Ankney
- Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes, by Douglas Ankney
- Never Convicted but Never Exonerated, Either, by Edward Lyon
- Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing, by Dale Chappell
- Government Study Finds Facial Recognition Sorely Lacking in Accuracy, by Dale Chappell
- Idaho Exoneree Fights for Wrongful Conviction Compensation, by Edward Lyon
- Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus, by Dale Chappell
- Missouri Shows Indifference to Human Life by Proceeding with Execution Amid Pandemic, by Douglas Ankney
- Dogs Can Detect One-Billionth of a Teaspoon of Gasoline, by Douglas Ankney
- Fulton County Prosecutor in Georgia to Expunge MLK and Other Civil Rights Leaders’ Records, But not Everyone Agrees, by Michael Fortino, Ph.D
- Survey: California Cops Abusing Privacy Rights with Auto Plate Readers, by Jayson Hawkins
- FBI Provides Fitness App in Exchange for Users’ GPS Coordinates, by Douglas Ankney
- Strategies to Help Police Address Citizens With Special Needs, by Anthony Accurso
- Devastating Consequences of Chicago Gang Database – And No Way to Be Removed, by Bill Barton
- New Method to Determine Time of Death for Forensic Investigators, by Kevin Bliss
- Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison, by Douglas Ankney
- Minnesota Lab Figures Out How to Tell Between Legal Hemp and Illegal Marijuana, by Dale Chappell
- Unrest After Kentucky Cops Shoot Sleeping Black Woman to Death in Her Bed While Serving No-Knock Warrant, by Edward Lyon
- Small Forensics Lab Finds Niche in Analyzing Tiniest Bits of Evidence, by Dale Chappell
- $8 Million Settlement for Wrongfully Convicted and Imprisoned Missouri Man, by Kevin Bliss
- Police Use of Robotic Technology Raises Civil Liberty Concerns, by Douglas Ankney
- New York Police Act With Impunity During Protests, by Kevin Bliss
- News in Brief
More from Dale Chappell:
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, Sept. 15, 2022
- SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim, Sept. 15, 2022
More from these topics:
- U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions, Oct. 1, 2023. New Trial Motions, AEDPA.
- Ninth Circuit Announces State Habeas Petition Remains ‘Pending’ for Purposes of AEDPA 1-Year SOL While State Relief Remains Open Regardless of Whether Petitioner Utilizes It, Aug. 1, 2023. AEDPA.
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, June 15, 2023. Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches.
- Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, Feb. 15, 2023. Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness.
- First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred, Dec. 15, 2022. Habeas Corpus, AEDPA, Batson Claims.
- SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition, Sept. 30, 2022. Habeas Corpus, AEDPA, Failure to Treat (Mental Illness).
- SCOTUS Kneecaps Condemned Prisoners Claiming Ineffective Assistance of Counsel, Sept. 30, 2022. AEDPA, Ineffective Assistance of Counsel.
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, Sept. 15, 2022. AEDPA, Procedural Default/Error.
- Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief, Sept. 15, 2022. AEDPA.
- SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act, Aug. 15, 2022. Habeas Corpus, All Writs Act, AEDPA.