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
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- 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
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More from Dale Chappell:
- Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable, Sept. 15, 2021
- Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, Sept. 15, 2021
- Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act, Sept. 15, 2021
- "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", Sept. 15, 2021
- Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’, Sept. 15, 2021
- Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies, Sept. 15, 2021
- Eighth Circuit Holds Lack of “Clearly Established” Law Requiring Staffer to Notify of Prisoner’s Suicide Risk Prevented Damages, Sept. 1, 2021
- EPA Slams GEO Over Disinfectant Use at Private Prison, Federal Court Issues Preliminary Injunction to Stop It, Sept. 1, 2021
- Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth, Sept. 1, 2021
- First Step Act Knocks Corrupt Baltimore Officers' Sentences from 454 Years to 20, Aug. 16, 2021
More from these topics:
- U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence, July 15, 2021. AEDPA, Miscalculation of the Guidelines Sentencing Range, Compassionate Release.
- Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, June 15, 2021. AEDPA, Tolling of Statutes of Limitations and Laches.
- Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief, June 15, 2021. AEDPA, Collateral and Direct Consequences.
- SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment, June 15, 2021. Habeas Corpus, AEDPA.
- 25 Years of the AEDPA: Where do We Stand?, June 1, 2021. AEDPA.
- Fourth Circuit Finally Holds Davis Retroactive, May 15, 2021. Habeas Corpus, AEDPA.
- 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.