Legal Opinion
Downs v. McNeil
Court of Appeals for the Eleventh Circuit
Decided March 24, 2008No. 05-10210PublishedCited by 147 opinions
1Opinion of the Court
BLACK, Circuit Judge:
Ernest Charles Downs is a prisoner on Florida’s death row. After exhausting his opportunities for state court review, he turned to the federal courts on December 12, 2001, filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court dismissed the petition as untimely because it was filed eight days beyond the one-year limitations period provided by 28 U.S.C. § 2244(d)(1).
Regardless whether the petition was timely, Downs contends he is entitled to equitable tolling because of egregious conduct by his counsel throughout his post-conviction…
2Cases cited52 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
47 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
- Artis Whitehead v. State of TennesseeTennessee Supreme Court · 2013
- Doe v. BusbyCourt of Appeals for the Ninth Circuit · 2011
- Ernest Cadet v. State of Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2017
- Mary Edmondson v. Eagle National BankCourt of Appeals for the Fourth Circuit · 2019
142 more not listed; retrieve them via the Exa API.