Hall v. Secretary, Department of Corrections, No. 18-10767 (11th Cir. 2019)
Annotate this CaseThe Eleventh Circuit vacated the district court's order dismissing petitioner's 28 U.S.C. 2254 petition as untimely. The court held that, for the purposes of tolling under section 2244(d)(2), a petitioner's Rule 3.850 motion is "pending" until it is denied with prejudice. The court held that petitioner's Antiterrorism and Effective Death Penalty Act (AEDPA) clock was tolled from the date he filed his improperly sworn Rule 3.850 motion to the date the state court rendered a decision on his substitute Rule 3.850 motion. Therefore, his petition was timely.
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