FOREMAN v. DRETKE

No. 03-40527.

383 F.3d 336 (2004)

Freddie James FOREMAN, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 27, 2004.


Attorney(s) appearing for the Case

Gregory A. Waldron (argued) and Amy R. Blalock, Asst. Fed. Pub. Defenders, G. Patrick Black, Fed. Pub. Def., Tyler, TX, for Foreman.

Forrest Lumpkin (argued), Austin, TX, for Dretke.

Before DeMOSS, STEWART and PRADO, Circuit Judges.


PRADO, Circuit Judge:

In this case we address whether "direct review" for AEDPA limitations purposes includes Petitioner's timely-filed state appeal, which the state court lacked jurisdiction to consider. The district court concluded that Petitioner's appeal was not "direct review" and thus dismissed Petitioner's habeas petition as time-barred. We disagree and so reverse.

Background Facts and Procedural History

Acting under an agreement, in...

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