1. Home
  2. Browse Decisions
  3. F.3d
  4. 21 F.3d
  5. 21 F.3d 683 (1994)
 

WALTERS v. SCOTT

No. 92-1297.

21 F.3d 683 (1994)

Victor Wayne WALTERS, Petitioner-Appellant. v. Wayne SCOTT, Director, Texas Dep't of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 31, 1994.

Attorney(s) appearing for the Case

Robert Matthew Kyle, Lynn, Stodghill & Melsheimer, L.L.P., Dallas, TX (court-appointed), for appellant.

R. Ray Buvia, C. Rex Hall, Jr., Asst. Attys. Gen., Dan Morales, Atty. Gen. of Texas, Austin, TX, for appellee.

Before WISDOM, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

WISDOM, Circuit Judge:

A state prisoner appeals from the district court's dismissal of his petition for a writ of habeas corpus. The district court dismissed the petition as untimely under Rule 9(a) of the Rules Governing Section 2254 Cases ("Section 2254 Rules").1 We conclude that the state has not met its burden of making a particularized showing of prejudice sufficient to support a Rule 9(a) dismissal. Accordingly, we REVERSE the district...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases