Hernandez-Alberto v. Secretary, Florida Department of Corrections, No. 14-14092 (11th Cir. 2016)
Annotate this CasePetitioner was sentenced to death after being convicted of murdering his wife's daughters. At issue is whether, for purposes of federal habeas law, a Florida postconviction petition properly filed by a death-row prisoner claiming incompetency remains pending through the final resolution of the postconviction proceedings despite the state court’s having found the prisoner competent before the end of those proceedings. The court held that it does and concluded that the prisoner’s federal habeas petition was timely filed. In this case, petitioner's properly filed application was pending from March 13, 2006, through December 2, 2013, tolling the deadline during this period for petitioner to file his federal habeas petition. As a result, petitioner's federal petition, filed on January 21, 2014, was timely. Accordingly, the court reversed and remanded.
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