Legal Opinion
Scott v. Florida Department of Corrections
Court of Appeals for the Eleventh Circuit
Decided January 13, 2009No. 08-10471Unpublished
Non-Argument Calendar.
1Per curiam
Scott Vrain appeals the dismissal of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. The district court concluded that the petition was untimely and successive to a petition denied on the merits in 2000, and we granted a certificate of appealability to address that ruling. Because Vrain’s petition challenges his conviction and sentence entered in 2004, his petition is neither successive nor untimely. We vacate the order that dismissed Vrain’s petition and remand for further proceedings.
I. BACKGROUND
Scott was convicted of armed robbery in 1995 in a Florida court, and a state…
2Cases cited10 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Robert Lewis Moore v. James Crosby, Secretary, Florida Department of Corrections, Charlie Crist, Attorney General for the State of FloridaCourt of Appeals for the Eleventh Circuit · 2003
- Ralph McIver v. United StatesCourt of Appeals for the Eleventh Circuit · 2002
- Walter HILL, Plaintiff-Appellant, v. Joe S. HOPPER, Commissioner of Alabama Department of Corrections, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1997
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