In Alexander v. Sec. Dep’t of Corrections, No. 06-12501 (March 3, 2008), vacating its prior opinion, the Court held that a motion under Florida Rule of Criminal Procedure 3.800(c) does not toll the AEDPA limitations period. Accordingly, the Court dismissed the Florida inmate’s § 2254 petition as untimely.
The Court noted that, unlike Fla. R. Crim. P. 3.850 motions, or even 3.800(a) motions, which challenge the legality of a judgment, a 3.800(c) motion merely invoked the leniency of the court and set forth no challenge of legal error. Consequently, this was not the type of State post-conviction application which tolled the AEDPA limitations period.