United States Eleventh Circuit
Rainey v. Sec'y of Dep't of Corr., 04-13282
Dismissal of petition for habeas corpus as time-barred under the one-year statute of limitations of AEDPA is affirmed over claims that: 1) because appellant was resentenced, but only challenged his original trial proceedings, he is entitled to the benefit of a new statute of limitations period; and 2) the statute of limitations was equitably tolled while appellant's state post-conviction motion was pending and dismissed without prejudice approximately seven months after filing for failure to comply with Florida's oath requirement.
Appellate Information
- Decided 03/29/2006
- Published 03/29/2006
Judges
- BLACK, Circuit Judge:, Before EDMONDSON, Chief Judge, and BLACK and FAY, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Mark Andrew Goettel (Court-Appointed), New Prt Rchy, FL, for Rainey.
- For Appellees:
- Mary Griffo Jolley, Atty. Gen., Daytona Beach, FL, for Respondents-Appellees.