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HUTSON v. QUARTERMAN

No. 05-20559.

508 F.3d 236 (2007)

Wilbert Ray HUTSON, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 2007.

Attorney(s) appearing for the Case

Wilbert Ray Hutson, Huntsville, TX, pro se.

S. Michael Bozarth, Asst. Atty. Gen., Austin, TX, for Quarterman.

Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

PER CURIAM:

At issue is whether a post-conviction motion pursuant to Texas Code of Criminal Procedure article 64.01 for DNA testing qualifies as "other collateral review" and thus tolls the Antiterrorism and Effective Death Penalty Act's (AEDPA's) one-year limitations period under 28 U.S.C. § 2244(d)(1). We conclude that it does.

I

On September 26, 2001, Wilbert Ray Hutson was convicted by a jury of...

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