Kenneth Richards was convicted of possessing a cell phone while an inmate, and sentenced to 25 years. After exhausting his state remedies, he moved to file a habeas corpus petition. The district court dismissed his application as time-barred because it was filed after the one-year deadline under 28 U.S.C. §2244.
Richards appealed, arguing that the district court erred in deeming the clerk-of-court-stamped date on his petition as the date he filed the petition. He claimed that Texas law treats the pleadings of pro se inmates as filed at the time they are delivered to prison authorities, not at the time they are stamped by the clerk of court.
The Fifth Circuit Court of Appeals ruled on Wednesday that Richards was right in light of Texas’ Campbell v. State ruling.