Collateral Filings Do Not Limit Habeas Petitions

A petition for belated appeal of the denial of collateral relief is not an "application" for "collateral review" within the federal habeas statute.

 

Espinosa v. Sec'y, Dep't of Corr., 2015 BL 349203, 11th Cir., No. 14-10581, 10/23/15)

    The petition here is different because it does not discuss the merits of the proposed appeal. It merely reviewed the grounds for excusing a late appeal.

    The U.S. Court of Appeals for the Eleventh Circuit ruled that, because the petition here is different than an application for collateral review, it does not toll the one-year limit for seeking federal habeas relief.

http://www.bloomberglaw.com/public/document/Espinosa_v_Secy_Dept_of_Corr_No_1410581_2015_BL_349203_11th_Cir_O