Cox: No "new judgment" for AEDPA purposes where amended judgment did not affect sentence

In Cox v. Sec., Fla. Dept of Corrections, No. 13-15718 (Aug. 26, 2016), the Court held that an amended judgment of a Florida court that dismissed one of the counts of conviction did not qualify as a “new judgment” for purposes of avoiding AEDPA’s bar on second or successive habeas petitions filed more than one year after a judgment became final. The Court noted that the dismissal of the count of conviction did not affect the sentence, as the trial court had imposed a suspended sentence on this count, and he was serving a life sentence on the remaining counts. As a result, Cox was not “in custody” under this count, and the “new judgment” rule did not apply.