Legal Opinion

Ronald Bert Smith v. Commissioner, Alabama Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided December 28, 2012No. 11-13802PublishedCited by 20 opinions

1Per curiam

Ronald Bert Smith appeals the dismissal of his federal habeas corpus petition brought pursuant to 28 U.S.C. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996, (“AED-PA”), Pub.L. No. 104-132, 110 Stat. 1214. The district court dismissed the federal petition because it was not filed within AEDPA’s one-year statute of limitations. The only issues here involve tolling.

The district court rejected Smith’s argument that his application for state post-conviction relief statutorily tolled AED-*1268PA’s one-year filing deadline, concluding that Smith had not “properly filed”…

2Cases cited13 opinions

  1. Holland v. FloridaSupreme Court of the United States · 2010
  2. Lawrence v. FloridaSupreme Court of the United States · 2007
  3. Artuz v. BennettSupreme Court of the United States · 2000
  4. Maples v. ThomasSupreme Court of the United States · 2012
  5. Anthony Aron v. United StatesCourt of Appeals for the Eleventh Circuit · 2002

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3Cited by20 opinions

  1. Bob Jay Cole v. Warden, Georgia State PrisonCourt of Appeals for the Eleventh Circuit · 2014
  2. William Greg Thomas v. Attorney General, State of FloridaCourt of Appeals for the Eleventh Circuit · 2021
  3. Eugene Milton Clemons, II v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
  4. Smith v. ThomasSupreme Court of the United States · 2013
  5. Andre Maurice Carstarphen, Jr. v. Vencini Smith, Correctional Warden III, William E. Donaldson Correctional FacilityDistrict Court, S.D. Alabama · 2026

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