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CALDWELL v. DRETKE

Nos. 03-40927, 03-20900 and 04-10062.

429 F.3d 521 (2005)

Robert F. CALDWELL, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. Pete Ronald Martinez, Petitioner-Appellant, v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. David Franklin Beck, Petitioner-Appellant, v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 26, 2005.

Attorney(s) appearing for the Case

Matthew R. Scott (argued), Bell, Nunnally & Martin, Dallas, TX, for Caldwell and Martinez.

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

Robert N. Udashen (argued), Sorrels & Udashen, Dallas, TX, for Beck.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

PRADO, Circuit Judge:

The issue in this case is whether orders of deferred adjudication community supervision1 and straight probation are final judgments for purposes of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") one-year statute of limitations.2 This is a question of first impression in this circuit. We hold that orders of deferred adjudication...

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