Amos Westmorelandv.Warden, et al.
Amos Westmoreland filed a federal habeas petition challenging a Georgia state-court judgment. The district court dismissed the petition as untimely, calculating the limitations period without properly accounting for the time during which Westmoreland’s state motion for new trial and the appeal from its denial were pending. The Eleventh Circuit explained that the federal limitations period is tolled while a properly filed state collateral proceeding remains pending, including the period in which the petitioner may appeal the denial of that proceeding. Under Georgia law, Westmoreland’s motion for new trial was a qualifying form of collateral review even though it was filed outside the ordinary post-trial deadline. The court held that the petition could not be dismissed as untimely on the district court’s calculation. It reversed and remanded for the district court to address exhaustion, procedural default, and cause and prejudice in the first instance. The court declined to resolve those issues on appeal.
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