Rogers v. Secretary, Department of Corrections

The Eleventh Circuit reversed the dismissal of a federal habeas petition and remanded for further proceedings, holding that petitioner's motion under Rule 3.800(c), Florida Rules of Criminal Procedure, tolled the limitations period for a federal habeas petition. The Eleventh Circuit explained that a Rule 3.800(c) motion is an application for collateral review that tolls the time a petitioner could petition for federal habeas relief because it is an application for judicial reexamination of a judgment or claim in a proceeding outside of the direct review process. View "Rogers v. Secretary, Department of Corrections" on Justia Law