· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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