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· 8/10/2009

Windland v. Quarterman

Citations

  • 578 F.3d 314
  • 74 Fed. R. Serv. 3d 352
  • 2009 U.S. App. LEXIS 17727
  • 2009 WL 2426220

How courts have described this case

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

  • holding that federal statute of limitations is tolled from “the day” a petition for collateral review “is filed” in state court “through (and including) the day it is resolved”
  • applying Rule 6(a)(3) to tolling calculation and deadline to timely file federal habeas petition
  • noting the “well- established precedent requiring that [courts] construe pro se briefs liberally”
  • “[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.”
  • “[The Fifth Circuit], like every other circuit, [has] held that [Rule 6(a)] controls the calculation of the AEDPA limitations period.”
  • for AEDPA tolling purposes, a state habeas application is pending from the day it is filed until and including the day it is resolved

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Benavides, Haynes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.