Eleventh Circuit Court of Appeals - Published Opinions
Wednesday, November 09, 2016
Hernandez-Alberto: Incompetency claim tolls habeas limitations period
In Hernandez-Alberto v. Sec., Fla. Dep’t of Corrections, No. 14-14092 (Nov. 4, 2016), the Court held that, for purposes of the statute of limitations governing federal habeas petitions, a properly filed Florida postconviction petition claiming incompetency remains “pending” through the final termination of the postconviction proceedings despite the state court’s having found the prisoner competent before the end of those proceedings. Because the petitioner’s application was properly filed, and remained so throughout the period of his postconviction proceeding, it tolled the deadline to file his federal habeas petition.