Hutchinson v. State of Florida, No. 10-14978 (11th Cir. 2012)

Petitioner was convicted of four counts of first degree murder for shotgunning to death his girlfriend and her three children. Petitioner was sentenced to death. Petitioner subsequently appealed from the district court's dismissal of his 28 U.S.C. 2254 petition for federal habeas relief because it was not filed until over three years after the one-year statute of limitations contained in section 2244(d) had run. The court held that the district court did not err in concluding that petitioner was not entitled to equitable tolling of 1,393 days because he has not carried his burden of showing that he pursued his rights diligently.