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Gonzalez v. Thaler, No. 08-10871

By FindLaw Staff on October 06, 2010 7:33 PM

Denial of Habeas Petition in Murder Matter

In Gonzalez v. Thaler, No. 08-10871, a murder prosecution, the court affirmed the denial of petitioner's habeas petition where the petition was time-barred under 28 U.S.C. section 2244(d)(1) because petitioner failed to file his petition within one year of the expiration of his time to appeal his intermediate state appellate court judgment to the Texas Court of Criminal Appeals.

As the court wrote:  "Petitioner-appellant Rafael Gonzalez appeals the district court's dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The district court held that Gonzalez's petition was time-barred under 28 U.S.C. § 2244(d)(1) because he failed to file his petition within one year of the expiration of his time to appeal his intermediate state appellate court judgment to the Texas Court of Criminal Appeals. We affirm."

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