Legal Opinion
Gregory Hardy v. Secretary for the Department of Corrections, Michael W. Moore, Secretary
Court of Appeals for the Eleventh Circuit
Decided April 16, 2001No. 99-13936PublishedCited by 28 opinions
1Per curiam
Gregory Hardy appeals the district court’s dismissal of his habeas corpus petition, 28 U.S.C. § 2254, as time barred. The sole question is whether Hardy’s filing of two postconviction motions under Fla. R.Crim. P. 3.850 tolled the statute of limitations for filing his federal habeas appeal. Because we are unable to conclusively resolve this issue, we vacate and remand to the district court for consideration in light of an intervening Supreme Court case, Artuz v. Bennett, 531 U.S. 4, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000).
Hardy pled guilty and was sentenced for multiple counts of strong arm…
2Cases cited5 opinions
- Artuz v. BennettSupreme Court of the United States · 2000
- Weekley v. MooreCourt of Appeals for the Eleventh Circuit · 2000
- Benito Castro v. United StatesSupreme Court of the United States · 2001
- Jeffrey Weekley v. Michael W. Moore, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2001
- Weekly v. MooreSupreme Court of the United States · 2001
3Cited by28 opinions
- Carl D. Bond v. Michael W. MooreCourt of Appeals for the Eleventh Circuit · 2002
- Clayborn Smith, Jr. v. Jonathan R. Walls, Warden, Menard Correctional CenterCourt of Appeals for the Seventh Circuit · 2002
- Pace v. VaughnDistrict Court, E.D. Pennsylvania · 2001
- Sepulveda v. ThomsCourt of Appeals for the Sixth Circuit · 2001
- Scott v. ThomsCourt of Appeals for the Sixth Circuit · 2001
23 more not listed; retrieve them via the Exa API.