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Action in the Fifth Circuit

By Karl R. Keys, Esq.

Three germane Fifth Circuit opinions already this week. In Cory Eugene Windland v. Quarterman, No. 06-10750, the panel concludes the district court erred in its calculation of whether the petition was filed within the one year requirement of of 28 U.S.C. sec. 2244. Specifically: The issue here is whether this tolling period encompasses both the day on which a state habeas petition is filed and the day on which it is decided. The district court failed to include one of these days in its tolling calculation, resulting in a finding that petitioner?s § 2254 petition was filed one day after the limitations period ran. Finding that a state habeas petition is ?pending? for the purposes of tolling under § 2244(d)(2) on the day it is filed through (and including) the day it is decided, we reverse the district court?s judgment and remand for further proceedings...continue to full post

Full post as published by Capital Defense Weekly on August 11, 2009 (boomark / email).