United States Eleventh Circuit
Melson v. Allen, 0614047
Death sentence for three robbery-murder convictions is affirmed where: 1) criminal petitioner's federal habeas petition is untimely under two sections of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); 2) neither triggering date was tolled by petitioner's Rule 32 proceedings; 3) petitioner also failed to show that the AEDPA's one-year statute of limitation should have been equitably tolled based on the conduct of his state post-conviction attorneys or his claims of actual innocence; and 4) there were no legal grounds excusing the untimeliness of his federal habeas petition.
Appellate Information
- Decided 11/14/2008
- Published 11/14/2008
Judges
Court
- United States Eleventh Circuit