Michael Alan Hurley v. Michael W. Moore, Secretary, Department of Corrections, Robert A. Butterworth, Attorney General of the State of Florida

Michael Alan Hurley, a Florida state prisoner, appeals from the district court’s dismissal of his petition for writ of habeas corpus, 28 U.S.C. § 2254, as barred by the one-year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214 (effective April 24, 1996).

I. Background

Hurley was convicted by a jury of three counts of capital sexual battery and two counts of a lewd and lascivious act. His conviction was final on March 23, 1996. Because his conviction was final prior to the effective date of the AEDPA, the…