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· 11/9/2011

Walton v. Secretary, Florida Department of Corrections

Citations

  • 661 F.3d 1308
  • 2011 U.S. App. LEXIS 22622
  • 2011 WL 5417120

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that federal habeas petitioner’s second state post-conviction petition was untimely and thus with no tolling effect on federal petition, though the state post-conviction petition was denied only on successiveness grounds
  • stating a petitioner’s failure to comply with a rule governing filings only results in an improperly filed petition if the rule was firmly established and regularly followed
  • “An application for postconviction relief filed in state court is not ‘properly filed’ if it is untimely.”
  • “An untimely state petition is not “properly filed” and cannot toll the federal limitation period.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Hull and Pryor, Circuit Judges

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.