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|
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
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- 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
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- News in Brief
More from Dale Chappell:
- Column: Raising Successful Federal Habeas Corpus Claims, Feb. 15, 2021
- Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, Feb. 15, 2021
- Federal Educational Aid Restored for State and Federal Prisoners, Feb. 1, 2021
- Arizona Pays Prisoners Pennies on the Dollar to Fight Fires, All in the Name of Saving Money, Feb. 1, 2021
- Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, Jan. 15, 2021
- Federal Habeas Corpus: Retroactivity of New Rules, Jan. 15, 2021
- Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, Jan. 15, 2021
- Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, Jan. 15, 2021
- California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, Jan. 15, 2021
- Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, Jan. 15, 2021
More from these topics:
- 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.
- Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, Nov. 28, 2018. Juries, Habeas Corpus, AEDPA.
- 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis, April 19, 2018. Disabled Prisoners, AEDPA.