Silva v. Secretary, Department of Corrections, 070618 FED11, 17-10643

Docket Nº:17-10643
Opinion Judge:PER CURIAM
Party Name:JUAN SILVA, Petitioner - Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA, Respondents - Appellees.
Judge Panel:Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges.
Case Date:July 06, 2018
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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JUAN SILVA, Petitioner - Appellant,

v.

SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA, Respondents - Appellees.

No. 17-10643

United States Court of Appeals, Eleventh Circuit

July 6, 2018

DO NOT PUBLISH

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:15-cv-02109-ACC-DCI

Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges.

PER CURIAM

The Antiterrorism and Effective Death Penalty Act imposes a one-year statute of limitations in which a petitioner may file a writ of habeas corpus in a federal district court, running from any one of four circumstances. See 28 U.S.C. § 2244(d)(1). The one-year clock may be tolled when a petitioner files post-conviction motions for relief in state court, see § 2244(d)(2), but not all motions toll the AEDPA one-year statute of limitations.

Juan Silva was convicted in Florida state court of numerous crimes, and his convictions became final, for purposes of the AEDPA one-year statute of limitations, on July 18, 2011. See § 2244(d)(1)(A). Following those convictions, and over the course of years, Mr. Silva filed a flurry of post-conviction motions for relief, namely under Florida Rules of Criminal Procedure 3.800 and 3.850. It is settled law that timely Rule 3.800(a) and Rule 3.850 motions toll the one-year AEDPA clock. See Ford v. Moore, 296 F.3d 1035, 1040 (11th Cir. 2002); Cadet v. Fla. Dep't of Corr., 853 F.3d 1216, 1219 (11th Cir. 2017). But when Mr. Silva filed his petition seeking a writ of habeas corpus from the federal district court on December 14, 2015, it was an open question whether Rule 3.800(c)...

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