Legal Opinion
Alexander v. Secretary, Department of Corrections
Court of Appeals for the Eleventh Circuit
Decided March 3, 2008No. 06-12501PublishedCited by 2 opinions
1Opinion of the Court
HULL, Circuit Judge:
This Court sua sponte vacates our prior opinion, published at 510 F.3d 1362 (11th Cir.2007), and enters the following opinion in its place.
Howard Alexander, Sr., a Florida prisoner with appointed counsel, appeals the dismissal of his 28 U.S.C. § 2254 petition as barred by the one-year limitations period in 28 U.S.C. § 2244(d)(1). After review and oral argument, we conclude that Alexander’s Florida Rule of Criminal Procedure 3.800(c) motion was a request to reduce a legal sentence based on mercy or leniency and did not constitute an application for State post-conviction or…
2Cases cited20 opinions
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Duncan v. WalkerSupreme Court of the United States · 2001
- Webster v. MooreCourt of Appeals for the Eleventh Circuit · 2000
- George Everette Sibley, Jr. v. Grantt CulliverCourt of Appeals for the Eleventh Circuit · 2004
- Murray v. United StatesCourt of Appeals for the Eleventh Circuit · 1998
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3Cited by2 opinions
- Alexander v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2007
- Alexander v. Secretary, Dept. of CorrectionsCourt of Appeals for the Eleventh Circuit · 2008