Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Williams v. Secretary, Florida Department of Corrections

United States District Court, M.D. Florida, Jacksonville Division

May 16, 2018

FREDDIE LEE WILLIAMS, Petitioner,
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents.

          ORDER

          MARCIA MORALES HOWARD UNITED STATES DISTRICT JUDGE

         I. Status

         Petitioner Freddie Lee Williams, an inmate of the Florida penal system, initiated this action on May 18, 2015, [1] by filing a pro se Petition for Writ of Habeas Corpus (Doc. 1) under 28 U.S.C. § 2254. He filed an Amended Petition (Doc. 5) on September 27, 2015. In the Amended Petition, Williams challenges a 2004 state court (Duval County, Florida) judgment of conviction for burglary of a dwelling. Respondents have submitted a memorandum in opposition to the Amended Petition. See Respondents' Motion to Dismiss (Response; Doc. 19) with exhibits (Resp. Ex.). On October 18, 2016, the Court entered an Order to Show Cause and Notice to Petitioner (Doc. 12), admonishing Williams regarding his obligations and giving Williams a time frame in which to submit a reply. On February 2, 2018, Williams replied. See Reply to Respondents' Motion to Dismiss (Doc. 35). This case is ripe for review.

         II. One-Year Limitations Period

         The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) imposes a one-year statute of limitations on petitions for writ of habeas corpus. Specifically, 28 U.S.C. § 2244 provides:

(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of--
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

28 U.S.C. § 2244(d).

         Respondents contend that Williams has not complied with the one-year period of limitations set forth in 28 U.S.C. § 2244(d). The following procedural history is relevant to the one-year limitations issue. On November 17, 2003, the State of Florida charged Williams with burglary of a dwelling. See Resp. Ex. 2 at 9, Information. Williams proceeded to a jury trial in May 2004, see Resp. Exs. 4, 5, Transcripts of the Jury Trial (Tr.), at the conclusion of which, on May 19, 2004, the jury found him guilty, as charged, see Resp. Ex. 2 at 117, Verdict; Tr. at 341-42. On June 17, 2004, the court sentenced Williams to a term of imprisonment of eighteen years. See Resp. Ex. 2 at 142-47, Judgment. On June 6, 2005, the appellate court affirmed Williams' conviction and sentence per curiam, and the mandate issued on June 22, 2005. See Resp. Ex. 9.

         Williams' conviction became final on Sunday, September 4, 2005 (90 days from June 6, 2005). See Close v. United States, 336 F.3d 1283, 1285 (11th Cir. 2003) ("According to rules of the Supreme Court, a petition for certiorari must be filed within 90 days of the appellate court's entry of judgment on the appeal or, if a motion for rehearing is timely filed, within 90 days of the appellate court's denial of that motion."). Because Williams' conviction was after April 24, 1996, the effective date of the AEDPA, Williams had one year from the date his conviction became final to file the federal petition (Tuesday, September 6, 2006).[2]The Petition, filed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.