Ramon F. Danny, Jr. v. Secretary, Florida Department of Corrections
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
WILLIAM PRYOR, Circuit Judge:
This appeal presents the issue whether a petition for a belated direct appeal, under Florida Rule of Appellate Procedure 9.141(c), qualifies as • an “application for State ... collateral review,” 28 U.S.C. § 2244(d)(2), that, while pending, tolls the period of limitation for a Florida prisoner’s federal petition for a writ of habeas corpus. We answer that question in the negative based on our recent decision in Espinosa v. Secretary, Department of Corrections, 804 F.3d 1137 (11th Cir.2015), which held that a petition for belated post-conviction appeal under Rule…
2Cases cited7 opinions
- Carey v. SaffoldSupreme Court of the United States · 2002
- Wall v. KholiSupreme Court of the United States · 2011
- Gerard Joseph Pugh v. Hugh SmithCourt of Appeals for the Eleventh Circuit · 2006
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- Brown v. Secretary for Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2008
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