Thomas v. Attorney General, State of Florida, No. 13-14635 (11th Cir. 2021)
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The Eleventh Circuit concluded that petitioner is entitled to equitable tolling as he demonstrated that he exercised reasonable diligence in pursuing his rights and he further demonstrated extraordinary circumstances—his counsel's abdication of her duty of loyalty to petitioner so she could promote her own interests—that prevented the filing of his petition. The court explained that counsel's interests were so adverse to those of her client that counsel effectively abandoned petitioner. In this case, counsel sacrificed petitioner's guaranteed opportunity of federal habeas review in order to pursue her own novel—and ultimately meritless—constitutional argument against the Antiterrorism and Effective Death Penalty Act's limitations period.
On the merits of the habeas petition, the court concluded that the district court correctly ruled that petitioner procedurally defaulted on his first two claims and the state court reasonably denied relief on his third claim. Accordingly, the court affirmed the district court's order denying habeas relief on the merits.
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