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Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus
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Related legal case
Leonard v. Deville
| Year | 2020 |
|---|---|
| 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
- Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk, by Douglas Ankney
- Massachusetts Supreme Court: Officer’s Handling of Cellphone Exceeded Scope of Inventory Search, by Anthony Accurso
- 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
- Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights, by Anthony Accurso
- Kansas Supreme Court: District Court Failed to Apprise Defendant of Right to Jury Trial, by Douglas Ankney
- 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
- Two New Forensic DNA Standards Added to the OSAC Registry
- South Carolina Supreme Court: State Cannot Appeal Guilty Plea, by David Reutter
- 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
- Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing, by Dale Chappell
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- Survey: California Cops Abusing Privacy Rights with Auto Plate Readers, by Jayson Hawkins
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- Strategies to Help Police Address Citizens With Special Needs, by Anthony Accurso
- 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
- Small Forensics Lab Finds Niche in Analyzing Tiniest Bits of Evidence, by Dale Chappell
- Unrest After Kentucky Cops Shoot Sleeping Black Woman to Death in Her Bed While Serving No-Knock Warrant, by Edward Lyon
- Minnesota Lab Figures Out How to Tell Between Legal Hemp and Illegal Marijuana, by Dale Chappell
- $8 Million Settlement for Wrongfully Convicted and Imprisoned Missouri Man, by Kevin Bliss
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- New York Police Act With Impunity During Protests, by Kevin Bliss
- News in Brief
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- 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
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026. Racial Discrimination, AEDPA, Preservation of Appellate Rights/Issues, Jury Selection, Batson Claims.
- SCOTUS Holds Federal Habeas Court May Not Consider Post-Trial DNA Evidence That Was Never Presented to Jury When Assessing Whether False Informant Testimony Influenced Verdict, July 1, 2026. AEDPA, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Withholding of Exculpatory Evidence.
- SCOTUS Holds Mississippi Supreme Court Unreasonably Applied Batson and Unreasonably Found Waiver Where Trial Court Skipped Third Step of Inquiry, July 1, 2026. AEDPA, Preservation of Appellate Rights/Issues, Equal Protection Clause/Claims, Batson Claims, Bias/Discrimination.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.




