EMERSON v. JOHNSON

No. 99-20398.

243 F.3d 931 (2001)

Christopher J. EMERSON, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 15, 2001.


Attorney(s) appearing for the Case

Christopher J. Emerson, Houston, TX, pro se.

Edwin Sullivan, Austin, TX, for Respondent-Appellee.

Before JOLLY, MAGILL and BENAVIDES, Circuit Judges.


MAGILL, Circuit Judge:

Christopher J. Emerson filed a habeas petition in district court, challenging the constitutionality of his Texas state court conviction for aggravated sexual assault. A magistrate judge dismissed Emerson's petition as time-barred under the Antiterrorism and Effective Death Penalty Act ("AEDPA"). Emerson appeals, and we vacate the judgment and remand for further proceedings.

I.

A Texas jury convicted Emerson of aggravated sexual...

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