Morrisv.Secretary, Florida Department of Corrections
Richard Morris, serving a life sentence for first-degree murder, challenged dismissal of his federal habeas petition as late under AEDPA’s one-year limit. The district court counted 393 untolled days, including 96 days between dismissal without prejudice of Morris’s initial Florida Rule 3.850 motion and his amended motion. The Eleventh Circuit held that the amended motion related back because the state court invited a legally sufficient amendment, set no deadline, and later accepted the amendment as timely and denied it on the merits. Neither Florida law nor federal precedent supplied a default 30-day amendment deadline, so the 96-day interval was tolled and the federal petition was timely. The court reversed the dismissal and remanded for further proceedings.
Loading published copy…

