Eleventh Circuit Court of Appeals - Published Opinions

Friday, October 23, 2015

Espinosa: Unsuccessful motion for belated appeal does not toll one-year limitations period

In Espinosa v. Sec., Dep’t of Corrections, No. 14-10581 (Oct. 23, 2015), the Court held that the filing of an unsuccessful state petition for belated appeal of the denial of post-conviction relief does not toll the one-year statute of limitations for filing a federal habeas petition. The Court recognized caselaw that held that the filing of a petition for belated appeal that is granted by a state appellate court tolls the one-year limitations period. But here, the state appellate court denied the motion for a belated appeal, which put Espinosa in a “materially different” procedural posture.