Hernandez-Alberto v. Secretary, Florida Department of Corrections

In this appeal, we consider whether, for purposes of federal habeas law, a Florida postconviction petition properly filed by a death-row prisoner claiming incompetency remains pending through the final resolution of the postconviction proceedings despite the state court’s having found the prisoner competent before the end of those proceedings. We hold that it does and conclude that the prisoner’s federal habeas petition was timely filed.

I

A

In 2002,. Petitioner-Appellant Pedro Hernandez-Alberto was sentenced to death by a Florida court, following his convictions, for murdering two of his wife’s…