Legal Opinion · Concurrence

Derrell J. Chamblee v. State of Florida

Court of Appeals for the Eleventh Circuit

Decided September 28, 2018No. 16-16452Published

1ConcurrenceNewsom, Circuit Judge

I concur in the judgment affirming the district court's dismissal of Chamblee's 28 U.S.C. § 2254 petition as untimely, and I join the majority opinion. I write separately only to mark what I take to be the limits of our decision.

As a matter of first principles, so to speak, I think it's a close and difficult question whether the Florida trial court's August 2010 judgment here was (ever) sufficiently "final" to start Chamblee's one-year federal-habeas clock. As the majority opinion correctly explains, that judgment-the only state-court judgment at issue in this case-embodied (1) a criminal…

2Cases cited6 opinions

  1. Mullaney v. WilburSupreme Court of the United States · 1975
  2. Bradshaw v. RicheySupreme Court of the United States · 2005
  3. Ted Herring v. Secretary, Department of CorrectionCourt of Appeals for the Eleventh Circuit · 2005
  4. Ace Patterson v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2017
  5. Brigham v. StateDistrict Court of Appeal of Florida · 2007

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