Osborne v. Hall, No. 17-60321 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal of a petition for habeas relief because it was time-barred. The court held that petitioner's motion for reconsideration before the Supreme Court of Mississippi was "properly filed" under 28 U.S.C. 2244(d)(2), and that his one-year limitations period under the Antiterrorism and Effective Death Penalty Act (AEDPA) would have been tolled while that motion was pending decision. Even accounting for the time that petitioner's AEDPA clock was tolled while his state habeas petition was pending both consideration and reconsideration, the court held that the factual predicate for his claim would have been discoverable through the exercise of due diligence more than a year prior to the filing of his federal habeas petition in December 2013. Accordingly, the petition was time barred under section 2244(d).