Danny v. Secretary, FL Dept. of Corr., No. 14-15522 (11th Cir. 2016)
Annotate this CasePetitioner pleaded guilty to the crime of lewd or lascivious molestation of a victim who was less than 12 years old. At issue is whether a petition for a belated direct appeal, under Florida Rule of Appellate Procedure 9.141(c), qualifies as an “application for State . . . collateral review,” 28 U.S.C. 2244(d)(2), that, while pending, tolls the period of limitation for a Florida prisoner’s federal petition for a writ of habeas corpus. The court answered the question in the negative, relying on its recent decision in Espinosa v. Secretary, Department of Corrections. In Espinosa, the court held that a petition for belated postconviction appeal under Rule 9.141(c) does not “involve ‘collateral review’ of [a] conviction” for the purpose of tolling the same statute of limitation. In this case, the petition does not qualify as an application for state collateral review. Accordingly, the court dismissed the petition as untimely.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.