United States Eleventh Circuit

Dismissal of a petition for a writ of habeas corpus as untimely because it was filed 8 days beyond the one-year limitations period provided by 28 U.S.C. section 2244(d)(1) is vacated and remanded where, if the facts as alleged are true, petitioner was entitled to equitable tolling for a period equaling, at a minimum, the 8 days by which he missed the statutory period due to "egregious conduct" by his counsel throughout his post-conviction proceedings.

Appellate Information

• Decided 03/24/2008
• Published 03/24/2008

Judges

• BLACK, Circuit Judge:, Before BLACK, HULL and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Scott S. Balber, Chadbourne & Parke, LLP, New York City, Joy L. Langford (Court-Appointed), Chadbourn & Park, LLP, Washington, DC, for Downs.


• For Appellees:
  
• Ronald Alan Lathan, Jr., Meredith Charbula, Tallahassee, FL, for Respondents-Appellees.