Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, February 05, 2013

Penney: 3.800 Motion not properly filed

In Penney v. Sec., Dep’t of Corrections, No. 10-14628 (Feb. 5, 2013), the Court held that a federal habeas petition was untimely because it was filed after the one-year limitations period under AEDPA.

The Court noted that the one-year period is tolled while a state prisoner has a “properly filed” state post-conviction motion pending in state court. Penney had filed a post-conviction motion under Fla. R. Crim. P. 3.800(c). The Court recognized that a Rule 3.800(c) motion might toll the AEDPA limitations period, but found that Penney had untimely filed this motion in Florida court, and it was therefore not “properly filed.” As a result, his federal petition was now untimely, because filed after the one-year AEDPA period expired.