Eleventh Circuit Court of Appeals - Published Opinions

Thursday, April 11, 2013

Melson: Habeas Petitioner failed to Establish Reasonable Diligence

In Melson v. Comm’r, Ala. Dep’t of Corrections, No. 11-13512 (April 4, 2013), the Court affirmed the dismissal as time-barred of Melson’s federal habeas petition. The Court found no need to address whether the AEDPA one-year limitations period should equitably tolled based on Melson’s counsel’s failure to timely file a state post-conviction motion, because Melson’s himself repeatedly failed to pursue his federal habeas proceeding with reasonable diligence.