Summary
The United States District Court for the Southern District of Texas denied the respondent’s request to dismiss Lucas Roric Coe’s federal habeas corpus petition as barred by the statute of limitations. The court held that the respondent had not established that the factual predicates concerning allegedly undisclosed herpes testing results and offense reports were available to Coe earlier, and ordered the respondent to answer the claims or file a dispositive motion within 30 days.
Holdings
- Respondent failed at that stage of the proceedings to prove that Coe's claims were barred by AEDPA's statute of limitations.
Questions Presented
- Whether Respondent established that Coe's federal habeas claims were barred by AEDPA's one-year statute of limitations.
- Whether the factual predicate of Coe's claims could have been discovered through due diligence more than one year before he filed the federal habeas petition.
Disposition
other
Cases Cited (2)
- Fierro v. Cockrell, 294 F.3d 674, 679 (5th Cir. 2002)(followed)
- Kiser v. Johnson, 163 F.3d 326, 328 (5th Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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