Damren v. State of Florida, No. 13-15017 (11th Cir. 2015)
Annotate this CasePetitioner, convicted of murder and sentenced to death, appealed the dismissal of his 28 U.S.C. 2254 petition for a writ of habeas corpus, arguing that the limitations period equitably tolled because his untimely filing was due to his attorney's failure to ascertain the deadline by which his petition was due. The court concluded that petitioner's attorney's incomplete and inadequate attempts to ascertain the deadline constituted negligence, but did not rise to the level of "extraordinary circumstances" as to merit equitable tolling. Accordingly, the court affirmed the district court's dismissal of the petition as time-barred.
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