Legal Opinion
Webster v. Moore
Court of Appeals for the Eleventh Circuit
Decided January 4, 2000No. 99-4201PublishedCited by 233 opinions
1Per curiam
Frederick Webster appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as time-barred under 28 U.S.C. § 2244(d)’s one-year limitations period. We address, for the first time in this circuit, whether a petitioner whose state petition has been dismissed as untimely may avail himself of statutory tolling for “properly filed” state petitions under § 2244(d)(2). We conclude that he may not.
I. Background
During a botched getaway from a burglary, Webster was involved in an automobile crash, killing both the driver of his ear and the innocent driver of another car. In 1989, a…
2Cases cited15 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- James v. KentuckySupreme Court of the United States · 1984
- Steven R. Lovasz v. Scig Supt. Donald T. VaughnCourt of Appeals for the Third Circuit · 1998
- Tony Bruce Bennett v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 1999
- Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by233 opinions
- Chavez v. Secretary Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2011
- Mark Vroman v. Anthony Brigano, WardenCourt of Appeals for the Sixth Circuit · 2003
- Jose Jurado, Jr. v. Sherry BurtCourt of Appeals for the Sixth Circuit · 2003
- Hunter v. FerrellCourt of Appeals for the Eleventh Circuit · 2009
- Nyland v. MooreCourt of Appeals for the Eleventh Circuit · 2000
228 more not listed; retrieve them via the Exa API.