Morris v. Secretary, Florida Department of Corrections, No. 18-14802 (11th Cir. 2021)
Annotate this CaseThe Eleventh Circuit concluded that this court's and the Florida state courts' precedent are clear that petitioner's amended state-court motion for postconviction relief relates back to his initial postconviction motion, tolling the statute of limitations for the time in between his initial motion was dismissed and his amended motion was filed. In this case, petitioner's amended rule 3.850 motion relates back to his initial motion, tolling the Antiterrorism and Effective Death Penalty Act's limitations period for the time in between. Therefore, the court concluded that the district court erred in dismissing the petition as untimely and remanded for further proceedings.
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