John T. Hepburn v. Michael W. Moore, Robert A. Butterworth, Attorney General of the State of Florida
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Appellant John T. Hepburn filed a pro se 28 U.S.C. § 2254 habeas corpus petition alleging his Sixth and Fourteenth Amendment rights were violated when he was denied counsel during re-sentencing on state burglary and assault charges. The district court dismissed his petition, finding it was time-barred under the Antiter-rorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214 (1996). We conclude the district court erred in determining Appellant’s challenge to his resentencing hearing was barred by the AEDPA’s statute of limitations. We therefore vacate and…
2Cases cited6 opinions
- John S. Freund v. Robert A. Butterworth, Attorney GeneralCourt of Appeals for the Eleventh Circuit · 1999
- Clarence Walker v. Thomas P. RothCourt of Appeals for the Seventh Circuit · 1997
- Gennaro Galtieri v. United StatesCourt of Appeals for the Second Circuit · 1997
- In Re: Audwin Hawatha Taylor, MovantCourt of Appeals for the Fourth Circuit · 1999
- United States v. GilbertCourt of Appeals for the Eleventh Circuit · 1998
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3Cited by26 opinions
- Ronnie James v. James Walsh, Superintendent of Ulster Correctional FacilityCourt of Appeals for the Second Circuit · 2002
- Gary Lawrence v. State of FloridaCourt of Appeals for the Eleventh Circuit · 2005
- Derrell J. Chamblee v. State of FloridaCourt of Appeals for the Eleventh Circuit · 2018
- Walker v. CrosbyCourt of Appeals for the Eleventh Circuit · 2003
- United States v. Dean LafromboiseCourt of Appeals for the Ninth Circuit · 2005
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