United States Eleventh Circuit

In a sexual battery prosecution, the dismissal of petitioner's habeas petition as untimely is reversed where the fact that petitioner did not succeed in obtaining habeas relief on his claims (because the claims belonged in a Florida Rule of Criminal Procedure 3.850 motion) did not mean he filed his habeas petitions in the wrong court, or that his petitions were not "properly filed" under 28 U.S.C. section 2244(d)(2).

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• PER CURIAM:, Before DUBINA, Chief Judge, and BIRCH and BLACK, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Elaine Joan Mittleman (Court-Appointed), Falls Church, VA, for Petitioner-Appellant.


• For Appellees:
  
• Ann M. Phillips, Robin A. Compton, Daytona Beach, FL, for Respondents-Appellees.