Andre K. Clarke v. Julie L. Jones, Secretary, Florida Department of Corrections
I. Whether Maples v. Thomas, 565 U.S. 266 (2012) requires
importation of agency principles into the equitable tolling context, such that it
alters this Court's conclusion two years earlier in Holland v. Florida, 560 U.S.
631 (2010) that attorney error can constitute extraordinary circumstances
allowing for equitable tolling of the one-year limitations period applicable to
28 U.S.C. § 2254 habeas corpus petitions.
2. Whether the Eleventh Circuit's rule that a certificate of
appealability cannot be granted where an issue is foreclosed by circuit
precedent conflicts with Miller-El v. Cockrell, 537 U.S. 322 (2003), and Buck v.
Davis, 580 U.S. ___, 187 S. Ct. 759 (2017), as well as decisions of the Third and
Ninth Circuits holding that a split in the circuits warrants a COA.
Whether Maples v. Thomas requires importation of agency principles into the equitable tolling context