Legal Opinion
Melson v. Allen
Court of Appeals for the Eleventh Circuit
Decided November 14, 2008No. 06-14047PublishedCited by 35 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
Robert B. Melson (“Melson”), a prisoner under an Alabama death sentence, appeals the district court’s dismissal of his 28 U.S.C. § 2254 federal habeas petition as untimely. Melson contends that he filed his petition within the one-year statute of limitations. Alternatively, he submits that the limitations period may be equitably tolled based on the misconduct of his post-conviction attorneys or his actual innocence. Based on our review of the record and oral arguments, we AFFIRM.
I. BACKGROUND
In April 1994, Melson fatally shot three employees and wounded another while…
2Cases cited19 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Schlup v. DeloSupreme Court of the United States · 1995
- Giglio v. United StatesSupreme Court of the United States · 1972
- Herrera v. CollinsSupreme Court of the United States · 1993
- House v. BellSupreme Court of the United States · 2006
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3Cited by35 opinions
- Rozzelle v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
- Crosley Alexander Green v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2017
- Milton v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
- State Ex Rel. Smith v. McBrideWest Virginia Supreme Court · 2009
- Robert Bryant Melson v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2013
30 more not listed; retrieve them via the Exa API.