Legal Opinion
Thomas v. McDonough
District Court, M.D. Florida
Decided September 25, 2006No. 2:03-cv-00237PublishedCited by 5 opinions
1Opinion of the Court
ORDER OF DISMISSAL WITH PREJUDICE
CORRIGAN, District Judge.
Preface
Before the Court are three capital cases which all present the same troubling ques tion: when counsel appointed by this very Court to represent capital habeas petitioners fail to file the habeas petitions on time, does the petitioner have any remedy? 1 Based on my reading of current Eleventh Circuit precedent, the answer is no. In this opinion I so rule. However, because of the importance of this issue, not only to the affected petitioners, but to this Court as well, I think it appropriate to share some thoughts.
First, I have no…
2Cases cited45 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Ring v. ArizonaSupreme Court of the United States · 2002
40 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Doe v. BusbyCourt of Appeals for the Ninth Circuit · 2011
- Downs v. McNeilCourt of Appeals for the Eleventh Circuit · 2008
- William Greg Thomas v. Attorney General, State of FloridaCourt of Appeals for the Eleventh Circuit · 2021
- William Greg Thomas v. Attorney General, State of FloridaCourt of Appeals for the Eleventh Circuit · 2015
- Thomas v. Secretary, Florida Department of CorrectionsDistrict Court, M.D. Florida · 2023