United States Eleventh Circuit

Denial of habeas relief based on a finding that the petition was time-barred by the one-year statute of limitations created by the Anti-Terrorism and Effective Death Penalty Act is vacated and remandedwhere: 1) contrary to a finding below, the "mailbox rule" applies in the context of a pro se prisoner's petition for habeas relief; and 2) petitioner's state habeas petition, deposited into his prison's mailing system three days before the expiration of AEDPA's limitation period, was timely filed.

Appellate Information

• Decided 05/23/2008
• Published 05/23/2008

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, ANDERSON and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Brenda Joy Bernstein, The Bernstein Firm, Atlanta, GA, for Taylor., Paula Khristian Smith, Sr. Asst. Atty. Gen., Atlanta, GA, for Williams.