Zack, III v. Tucker, No. 09-12717 (11th Cir. 2012)
Annotate this CasePetitioner was convicted in Florida state court and was sentenced to death. The Florida Supreme Court affirmed petitioner's conviction and sentence and later denied post-conviction relief. The district court denied habeas relief but granted a certificate of appealability on the question of the habeas petition's timeliness. Petitioner contended that the timeliness of his habeas petition must be analyzed by looking at the petition as a whole and not by analyzing his petition claim by claim. He asserted that his timely Atkins claim revived his other time-barred claims, making the entire petition, in effect, timely. The court concluded, pursuant to Walker v. Crosby, that the timely Atkins claim in petitioner's petition made timely all the other claims in the petition: reviving claims that were determined to be individually untimely by the district court. Therefore, as a matter of law, the district court erred in applying the statute of limitation separately to each claim in the petition and in dismissing any claim in the petition in this case on the grounds of timeliness.
The court issued a subsequent related opinion or order on April 30, 2012.
The court issued a subsequent related opinion or order on January 9, 2013.
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