(Download) "Villegas v. Johnson" by Fifth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

July 23, 2021

eBook details

Title: Villegas v. Johnson
Author : Fifth Circuit U.S. Court of Appeals
Release Date : January 09, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

Texas state prisoner Feliz Talaz Villegas appeals the dismissal of his petition for a writ of habeas corpus. The district court found that Villegas did not file his petition within the limitation period established by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214 (1996) ("AEDPA"). We conclude that the statute of limitations was tolled while Villegass second state habeas petition was pending. Because we exclude that time period from the calculus, we find that Villegass federal petition was timely. We therefore vacate the judgment and remand for further proceedings.