SMITH

v.

MASSIE, WARDEN

Citator

Cited By

• Powell v. Thomas, 643 F.3d 1300 (11th Cir. 2011)
  …atute of limitations. Here, Powell’s conviction and sentence became final on October 1, 2001, when the United States Supreme Court denied Powell’s petition for a writ of certiorari on direct review of his conviction and sentence. Powell v. Alabama, 534 U.S. 904, 122 S.Ct. 236, 151 L.Ed.2d 170 (2001). The statute of limitations was not triggered on that date because, “at that time, Alabama had not yet adopted lethal injection as a form of execution.” Id. Hence, Powell’s challenge to execution by lethal inj…

  ← 1 / 2 →
• Powell v. Allen, 602 F.3d 1263 (11th Cir. 2010)
  ….App.1999), to the Alabama Supreme Court, which also affirmed, Ex parte Powell, 796 So. 2d 434 (Ala.2001). Powell then filed a petition for a writ of certiorari with the Supreme Court of the United States, which denied the writ. Powell v. Alabama, 534 U.S. 904, 122 S.Ct. 236, 151 L.Ed.2d 170 (2001). Powell began his state habeas process by filing, pro se, a petition under Rule 32 of the Alabama Rules of Criminal Procedure for relief from judgment in September, 2002. After his initial petition was dismis…