Green v. Secretary, Department of Corrections

The Eleventh Circuit reversed the district court's dismissal of a habeas petition as time-barred and remanded for further proceedings. Under Florida law, petitioner's corrected Federal Rule of Criminal Procedure 3.850 motion related back to September 27, 2010. In keeping with Florida's rule, the court concluded that the Antiterrorism and Effective Death Penalty Act (AEDPA) limitation period was tolled from that date until the conclusion of the Rule 3.850 proceedings on March 1, 2013. The court held that because petitioner's 28 U.S.C. 2254 petition was filed less than one year later, his section 2254 petition was timely. View "Green v. Secretary, Department of Corrections" on Justia Law