Legal Opinion
Edward Eugene Whiddon v. Richard L. Dugger and Robert A. Butterworth
Court of Appeals for the Eleventh Circuit
Decided February 20, 1990No. 88-3593PublishedCited by 49 opinions
1Opinion of the Court
EDMONDSON, Circuit Judge:
This case concerns the effect that a time limitation on state collateral relief has on the availability of federal habeas proceedings. Petitioner-appellant filed a petition for state collateral relief beyond the two-year time limit of Rule 3.850 of the Florida Rules of Criminal Procedure. We conclude that this late filing is a procedural default to which the usual rules apply: before we will consider petitioner’s federal habeas claims, he must show cause for the default and prejudice from the alleged denial of his constitutional rights. We affirm the judgment of the…
2Cases cited14 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Fay v. NoiaSupreme Court of the United States · 1963
- Engle v. IsaacSupreme Court of the United States · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1994
- Embery Jackson McBride v. Bob Sharpe, Warden, Dodge Correctional InstitutionCourt of Appeals for the Eleventh Circuit · 1994
- LeCroy v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2005
- Marvin Edwin Johnson v. Harry K. Singletary, Jr., Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1991
- Terry Brian Tower v. O.J. PhillipsCourt of Appeals for the Eleventh Circuit · 1993
44 more not listed; retrieve them via the Exa API.