Eleventh Circuit Court of Appeals - Published Opinions
Wednesday, November 14, 2007
Drury: Denial of rehearing not AEDPA limitations start point
In Drury v. U.S., No. 07-12130 (Nov. 13, 2007), the Court held that, for purposes of determining the starting point for AEDPA’s one-year statute of limitations for § 2255 claims, the period begins to run when the Supreme Court denies certiorari, not thereafter, when the Supreme Court denies a motion to rehear the denial of certiorari. The Court joined other circuits to have so held, and noted that under the Supreme Court rules, a motion to rehear the denial of certiorari does not suspend the order of denial.