Legal Opinion
Floyd Damren v. State of Florida
Court of Appeals for the Eleventh Circuit
Decided January 21, 2015No. 13-15017PublishedCited by 75 opinions
1Per curiam
Floyd Damren, a Florida capital inmate, appeals the dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The District Court found that his petition was not filed within the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Damren argues that the District Court erred in failing to find the limitations period equitably tolled because his untimely filing was due to his attorney’s failure to ascertain the deadline by which his petition was due. We disagree. Equitable tolling is appropriate only…
2Cases cited13 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Holland v. FloridaSupreme Court of the United States · 2010
- Gonzalez v. ThalerSupreme Court of the United States · 2012
- Lawrence v. FloridaSupreme Court of the United States · 2007
- Clay v. United StatesSupreme Court of the United States · 2003
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3Cited by75 opinions
- CARY LAMBRIX v. SECRETARY, DOCCourt of Appeals for the Eleventh Circuit · 2017
- United States v. RiceDistrict Court, District of Columbia · 2017
- Washington v. RyanCourt of Appeals for the Ninth Circuit · 2016
- Ashley L. Dunn v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
- Austin v. State of Florida (Duval County)District Court, M.D. Florida · 2020
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