Emerson v. Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “AEDPA’s one-year statute of limitations is tolled during the period in which a Texas habeas No. 08-1019 Sherwood v. Prelesnik Page 7 1 petitioner has filed such a motion [for reconsideration]”
• finding that we defer to state courts' application of state law when determining whether something is \properly filed\
• finding that we defer to state courts’ application of state law when determining whether something is “properly filed”
• holding that motions for rehearing properly filed within the limitation period toll
• finding that a motion to a state court for reconsideration of a petition for writ of habeas corpus must actually be filed to toll the statute of limitations
• finding “the rule at issue here seemingly provides no exceptions and does not require an examination of the merits of the [petitioner’s] claim”

Source: CourtListener parenthetical corpus (CC0).