Harry Lee Butler v. Secretary, Florida Department of Corrections

Following oral' argument and a review of the record in this capital case, we affirm the district court’s dismissal of Harry Lee Butler’s federal habeas corpus petition as time-barred. Mr. Butler correctly conceded at oral argument that his petition was untimely, and we conclude that he is not entitled to equitable tolling. 1

I

On May 9, 2002, the Florida Supreme Court issued an opinion affirming Mr. Butler’s conviction and sentence on direct appeal. See Butler v. Florida, No. SC95158, 2002 WL 926283 (Fla. May 9, 2002). Mr. Butler filed a motion for rehearing. The Florida Supreme Court denied…