Cole v. Georgia SP Warden, No. 13-12635 (11th Cir. 2014)Annotate this Case
Petitioner, convicted of malice murder and armed robbery, appealed the dismissal of his 28 U.S.C. 2254 habeas petition as untimely. The court concluded that the district court correctly determined that the petition was untimely under section 2244(d)(1)(D), and that petitioner failed to show that learning of his Boykin rights from an overheard conversation of an inmate librarian was an extraordinary circumstance warranting equitable tolling for his delayed filing of his habeas petition for more than fifteen years from the expiration of his statute of limitations. Accordingly, the court affirmed the judgment of the district court.