Kearse v. Secretary, Florida Dept. of Corrections, No. 12-16610 (11th Cir. 2013)Annotate this Case
Petitioner challenged the district court's denial of his habeas petition because it was untimely. The district court concluded that petitioner failed to present clear and convincing evidence that his Initial Motion complied with Florida's oath requirement. The court vacated and remanded, concluding that petitioner rebutted the presumption of correctness of the state court's finding with clear and convincing evidence. Accordingly, the Initial Motion was properly filed and docketed for the purpose of tolling the statute of limitations for a federal habeas petition.