Floyd Damrenv.State of Florida
Floyd Damren, a Florida death-row inmate, appealed dismissal of his federal habeas petition as untimely under AEDPA. He argued that the limitations period should be equitably tolled because appointed postconviction counsel failed to calculate the filing deadline and filed late. The district court had dismissed the petition several times, including after an earlier appellate remand for reconsideration under Holland v. Florida; the Eleventh Circuit exercised its discretion to reach the appeal despite a defective certificate of appealability. Assuming without deciding that Damren had pursued his rights diligently, the court held that counsel’s inadequate deadline research was negligence, not abandonment or another extraordinary circumstance warranting equitable tolling. It affirmed dismissal of the § 2254 petition as time-barred.
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