Eleventh Circuit Court of Appeals - Published Opinions
Wednesday, August 27, 2008
Davis: Sentence Reduction Request Does Not Toll AEDPA
In Davis v. Barrow, No. 07-12575 (Aug. 25, 2008), the Court held that a Georgia inmate’s § 2254 habeas petition was untimely, because the inmate’s motion to reduce his sentence did not raise any legal arguments or otherwise attack the legality of his sentence. Accordingly, under Alexander v. Dep’t of Corrections, 523 F.3d 1291 (11th Cir. 2008), the motion was not the type of pleading that tolled the one-year statute of limitations of AEDPA.