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PRIETO v. QUARTERMAN

No. 05-70035.

456 F.3d 511 (2006)

Arnold PRIETO, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 2006.

Attorney(s) appearing for the Case

James Scott Sullivan, San Antonio, TX, for Prieto.

Jeremy Craig Greenwell, Austin, TX, for Quarterman.

Before JONES, Chief Judge, and WIENER and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

Petitioner-Appellant Arnold Prieto appeals the district court's dismissal of his petition for post-conviction relief. For the following reasons, we reverse the district court's ruling that Prieto's petition was untimely, as well as the district court's sua sponte application of the procedural-default rule to Prieto's jury-misconduct claim. We therefore remand for further proceedings consistent with this opinion.

I. BACKGROUND...

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