Walton v. Secretary, Florida Department of Corrections

PRYOR, Circuit Judge:

The issue in this appeal is whether Jason Walton’s second state petition for a writ of habeas corpus was “properly filed,” under the Antiterrorism and Effective Death Penalty Act, so as to toll the one-year limitation period for filing a federal petition for a writ of habeas corpus. 28 U.S.C. § 2244(d)(2). A Florida court convicted Walton of three murders and sentenced him to death, and the Florida Supreme Court later affirmed Walton’s convictions, Walton v. State, 481 So.2d 1197 (Fla.1985), and death sentences, Walton v. State, 547 So.2d 622 (Fla.1989). In 1990, Walton…