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Floyd Damrenv.State of Florida

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.13-15017
DecidedJanuary 21, 2015
Reporter776 F.3d 816; 2015 WL 253285
JudgesEleventh Circuit Chief Judge Ed Carnes and Circuit Judges Tjoflat and Hull
Tags
CriminalCriminal ProcedureDeath PenaltyHabeas CorpusPost-Conviction ReliefStatutory Interpretation
Case Summary

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.

Opinion

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Floyd Damren v. State of Florida — The Atlanta Gleaner