United States Eleventh Circuit
Clarke v. Dep't of Corr. State of Florida, 08-10955
In an attempted robbery matter, the denial of Petitioner's habeas petition is reversed, where the District Court erred by considering the delay between Petitioner's conviction and petition for a belated direct appeal in state court to be untolled time for the purposes of the AEDPA statute of limitations.
Appellate Information
- Decided 05/07/2009
- Published 05/07/2009
Judges
- PER CURIAM:, Before MARCUS and PRYOR, Circuit Judges, and SCHLESINGER, District Judge.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Arthur L. Wallace, III (Court-Appointed), Wallace Law Office, Lighthouse Pt., FL, for Clarke.
- For Appellees:
- Heidi Milan Caballero, Miami, FL, for Respondents-Appellees.