Legal Opinion

Michael Rogers v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided May 2, 2017No. 15-12880PublishedCited by 21 opinions

1Opinion of the Court

WILSON, Circuit Judge:

Michael Rogers argues, and the Secretary of the Florida Department of Corrections disputes, that Rogers’s motion under Rule 3.800(c), Florida Rules of Criminal Procedure, tolled thé time in which he could petition for federal habeas relief. Under 28 U.S.C. § 2244(d)(2), this time is tolled during the pendency of a state prisoner’s application for “collateral review.” The Supreme Court defines “collateral review” as any “judicial reexamination of a judgment or claim in a proceeding outside of the direct review process.” Wall v. Kholi, 562 U.S. 545, 553, 131 S.Ct. 1278,…

2Cases cited4 opinions

  1. United States v. ArcherCourt of Appeals for the Eleventh Circuit · 2008
  2. Wall v. KholiSupreme Court of the United States · 2011
  3. Bonilla v. Baker Concrete Construction, Inc.Court of Appeals for the Eleventh Circuit · 2007
  4. Bob Jay Cole v. Warden, Georgia State PrisonCourt of Appeals for the Eleventh Circuit · 2014

3Cited by21 opinions

  1. William Mitchell v. Kathleen GreenCourt of Appeals for the Fourth Circuit · 2019
  2. Derrell J. Chamblee v. State of FloridaCourt of Appeals for the Eleventh Circuit · 2018
  3. Charles Branham v. State of MontanaCourt of Appeals for the Ninth Circuit · 2021
  4. Wheat v. Rogers & Willard, Inc.District Court, S.D. Alabama · 2017
  5. Allen v. Secretary, Department of Corrections (Hernando)District Court, M.D. Florida · 2019

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