United States Eleventh Circuit

On remand from the U.S. Supreme Court in case where habeas petitioner who was resentenced challenges only his underlying conviction, dismissal of habeas petition as untimely is reversed as the one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act runs from the date the judgment pursuant to which the petitioner is in custody becomes final, which is the date both the conviction and sentence the petitioner is serving become final.

Appellate Information

• Decided 08/07/2007
• Published 08/07/2007

Judges

• BLACK, Circuit Judge:, Before BLACK, PRYOR and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael N. Loebl (Court-Appointed), Fulcher Hagler, LLP, Augusta, GA, for Petitioner-Appellant.


• For Appellees:
  
• Rebecca Roark Wall, Daytona Beach, FL, for Respondents-Appellees.