United States Eleventh Circuit

Dismissal of habeas petition as time-barred is reversed where the time during which petitioner could have sought an appeal of the denial of his Fla. R. Crim. P. 3.800 motion tolled the limitations period, even if he did not seek appellate review, as the claim remained pending under 28 U.S.C. section 2244(d) until the time to file an appeal expired.

Appellate Information

• Decided 08/28/2006
• Published 08/28/2006

Judges

• PER CURIAM:, Before BLACK, BARKETT and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas Lynn Cramer, Mayo, FL, pro se.


• For Appellees:
  
• Allison Leigh Morris, Daytona Beach, FL, for Respondents-Appellees.