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
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Related legal case
Leonard v. Deville
|Cite||960 F.3d 164 (5th Cir. 2020)|
|Level||Court of Appeals|
|Appeals Court Edition||F.3d|
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- 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
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- Myth of Technology as an Equalizing Force in Criminal Justice, by Anthony Accurso
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- 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
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- South Carolina Supreme Court: State Cannot Appeal Guilty Plea, by David Reutter
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- Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds, by Douglas Ankney
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- Eleventh Circuit Vacates Firearm Conviction Based on Rehaif, by Douglas Ankney
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- News in Brief
More from Dale Chappell:
- Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner, April 15, 2021
- Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense, April 15, 2021
- Federal Habeas Corpus: Filing Procedures, April 15, 2021
- D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief, April 15, 2021
- Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District, April 15, 2021
- Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation, April 15, 2021
- Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus, April 15, 2021
- Government Refuses to Follow Federal Court’s Discovery Order After Being Caught Recording Attorney Meetings with Prisoners at Leavenworth, April 1, 2021
- How States Exclude People With Criminal Records From Jury Service, April 1, 2021
- New Advocacy Group for New Mexico Prisoners Created, April 1, 2021
More from these topics:
- Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, March 15, 2021. Attorney Misconduct, Counsel - Effective Assistance of, Tolling of Statutes of Limitations and Laches.
- Sixth Circuit Orders Michigan District Court to Review Prisoner’s Plea for Compassionate Release, March 1, 2021. Tolling of Statutes of Limitations and Laches, Compassionate Release.
- Ninth Circuit Reverses Lower Court’s Dismissal of California Prisoner’s Religious Freedom Lawsuit, Feb. 1, 2021. Religious Freedom, Tolling of Statutes of Limitations and Laches, Prison Litigation Reform Act (PLRA).
- SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, Jan. 15, 2021. Habeas Corpus, AEDPA, Ineffective Assistance of Counsel, Mitigating Role/Circumstances/Evidence.
- California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners, Sept. 15, 2020. Habeas Corpus, AEDPA, Tolling of Statutes of Limitations and Laches.
- Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial, Aug. 15, 2020. AEDPA, Ineffective Assistance of Counsel, Failure to Object.
- Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification, Aug. 15, 2020. Habeas Corpus, AEDPA, Shackles.
- Oregon Court Holds Prison Litigation Reform Act Exhaustion Tolls Statute of Limitations, Aug. 1, 2020. Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches, Prison Litigation Reform Act (PLRA).
- Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition, April 15, 2020. AEDPA, Periods of Delay.
- Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition, Oct. 16, 2019. Habeas Corpus, AEDPA.