Milton v. Secretary, Department of Corrections

Proceeding pro se, Florida state prisoner Jessie Milton, serving a 22-year sentence for the second-degree murder of his then girlfriend’s 1-year-old daughter, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for habeas corpus relief as time-barred by 28 U.S.C. § 2244(d). In his § 2254 petition, Milton argued that he was actually innocent of the murder for which he was convicted, alleging that the victim’s mother had lied at his trial, that the trial court erred by giving a misleading jury instruction, that various forms of prosecutorial misconduct had occurred during…