Salard v. United States
5:25-cv-00466
W.D. La.Jul 10, 2025Background
- Greg Salard, currently incarcerated in federal prison, challenges his state conviction and life sentence for aggravated rape of a child under 13 from the First Judicial District, Caddo Parish, Louisiana.
- The Louisiana Second Circuit Court of Appeal affirmed Salard’s conviction and sentence on May 3, 2023.
- Salard’s application for writ to the Louisiana Supreme Court was found untimely, so the Supreme Court declined to consider it; requests for reconsideration were denied.
- Salard filed a federal habeas petition under 28 U.S.C. § 2254 nearly a year after his conviction became final, raising grounds including evidentiary errors, ineffective assistance, and prosecutorial misconduct.
- The timeliness of Salard’s federal habeas petition is at issue due to the one-year statute of limitations under AEDPA.
- The court requires Salard to amend his petition to clarify whether he filed any state post-conviction applications and to explain any circumstances for equitable tolling.
Issues
| Issue | Salard's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether petition is timely under AEDPA | Barriers in prison prevented timely state filing | Time limits under AEDPA strictly apply | Further information needed; Salard to amend to assess timeliness |
| Equitable tolling for untimeliness | Limited library access & lockdown caused delay | Equitable tolling must be rare and exceptional | Equitable tolling not established by current record |
| Post-conviction relief tolling | (Not clearly presented) | Time only tolled if post-conviction filed | Salard must clarify if he filed post-conviction application |
| Grounds for habeas relief | Multiple claims of trial error and misconduct | (Not addressed on merits at this stage) | Not addressed; procedural issues control initial disposition |
Key Cases Cited
- Kiser v. Johnson, 163 F.3d 326 (5th Cir. 1999) (Federal courts may raise habeas corpus time limits sua sponte)
- Ott v. Johnson, 192 F.3d 510 (5th Cir. 1999) (Properly filed post-conviction applications toll AEDPA statute of limitations)
- Villegas v. Johnson, 184 F.3d 467 (5th Cir. 1999) (Time prior to filing post-conviction application counts towards limitations period)
- Davis v. Johnson, 158 F.3d 806 (5th Cir. 1998) (Equitable tolling of AEDPA limitation in rare and exceptional circumstances)
- Fisher v. Johnson, 174 F.3d 710 (5th Cir. 1999) (Examines facts to determine if equitable tolling applies)
- Flanagan v. Johnson, 154 F.3d 196 (5th Cir. 1998) (Calculation of AEDPA statute of limitations period)