United States Eleventh Circuit

Dismissal of habeas petition is affirmed where: 1) all of petitioner's claims were procedurally defaulted under the authority of Hurth v. Mitchem, 400 F.3d 857 (11th Cir. 2005), because the state post-conviction petition had not been timely filed; and 2) petitioner was unable to demonstrate "cause" to excuse his procedural default.

Appellate Information

• Decided 07/13/2006
• Published 07/13/2006

Judges

• BARKETT, Circuit Judge:, Before TJOFLAT, BARKETT and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Leslie S. Smith, Fed. Defender's Office, LaJuana S. Davis (Court-Appointed), Equal Justice Initiative of AL, Montgomery, AL, for Siebert.


• For Appellees:
  
• Kevin Christopher Newsome, J. Clayton Crenshaw, Montgomery, AL, for Respondents-Appellees.