TRUSTED NET MEDIA HOLDINGS, LLC, DEBTOR. TRUSTED NET MEDIA HOLDINGS, LLC, PLAINTIFF-APPELLANT,

v.

THE MORRISON AGENCY, INC., DEFENDANT-APPELLEE

Citator

Cited By

• Jones v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla., 906 F.3d 1339 (11th Cir. 2018)
  …state court "expressly states that a petition was either untimely or timely," whereas the more "difficult ... cases" are those where the state court "rules on the merits without any comment on timeliness") (emphasis added). Take Gorby v. McNeil , 530 F. 3d 1363 (11th Cir. 2008), for example. In that case, the Supreme Court of Florida had reviewed the trial court's denial of a Rule 3.851 motion-the capital version of Rule 3.850 -where the movant sought relief based on Crawford v. Washington , 541 U.S. 36, 1…

  ← 1 / 2 →
• Lugo v. Sec'y, Fla. Dep't OF Corr., 750 F.3d 1198 (11th Cir. 2014)
  …time barred and alternatively denying claims on the merits), aff'd on other grounds, 629 F. 3d 1219 (11th Cir. 2011) (per curiam), cert. denied sub nom. Gonzalez v. Tucker, — U.S. -, 132 S.Ct. 543, 181 L.Ed.2d 356 (2011). 13. Olen Gorby v. McNeil, 530 F. 3d 1363 (11th Cir.2008) (per curiam) (affirming District Court’s dismissal of federal petition as time barred but not addressing equitable tolling), cert. denied 556 U.S. 1109, 129 S.Ct. 1592, 173 L.Ed.2d 684 (2009). 14. Robert Gordon v. Crosby, No. 8:04-c…
• Walton v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla., 661 F.3d 1308 (11th Cir. 2011)
  …ould have held in respect to timeliness.” Evans v. Chavis, 546 at 198, 126 S.Ct. at 852. We “will not allow the tolling of AEDPA’s limitations period when it is clear that the petitioner failed to seek timely review in state court.” Gorby v. McNeil, 530 F. 3d 1363, 1368 (11th Cir.2008). Walton’s second state habeas petition was untimely, and the district court did not err by dismissing his petition. IV. CONCLUSION The dismissal of Walton’s petition for a writ of habeas corpus is AFFIRMED.…