PALACIOS v. STEPHENS

No. 11-41080.

723 F.3d 600 (2013)

Roland PALACIOS, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 2013.


Attorney(s) appearing for the Case

Irma Mendoza Sanjines , Corpus Christi, TX, for Petitioner-Appellant.

James Patrick Sullivan, Esq. , Assistant Solicitor General, Matthew Ryan Entsminger, Esq. , Casey Leigh Jackson , Assistants Attorney General, Austin, TX, for Respondent-Appellee.

Before ELROD and HIGGINSON, Circuit Judges, and JACKSON, District Judge.


HIGGINSON, Circuit Judge:

Petitioner-Appellant Roland Palacios filed his federal habeas petition one year and one day after the expiration of the one-year limitation period established by the Antiterrorism and Effective Death Penalty Act ("AEDPA"). The untimely filing, Palacios contends, was caused by his attorney, who, Palacios alleges, misrepresented that his state habeas petition had been filed and, when Palacios discovered...

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