No. 19-7280

David Everett Jones v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: despite Petitioner's diligent efforts to timely f -civil-procedure aedpa aedpa-limitations civil-rights due-process eleventh-circuit equitable-tolling federal-habeas habeas-corpus procedural-default standing state-post-conviction statute-of-limitations timeliness
Latest Conference: 2020-03-20
Question Presented (from Petition)

To whether Jones' successful Florida Claim 23-80 motion created a new judgment, sufficient to restart his one-year statute of limitations and Effective Death Penalty Act of 1996, § 101A filing deadline, so as to make his Federal habeas petition timely under the AEDPA one-year limitation (Fla. Stat. § 922.052 (2020)), and Eleventh Circuit precedent.

Whether the Eleventh Circuit Court of Appeals reversibly erred in holding that Jones' successful Claim 23-80 motion did not create a new judgment sufficient to restart his one-year AEDPA filing deadline, and denying Jones' Federal habeas petition as untimely.

Whether the MS District Court for the Middle District of Florida erred in holding that the constitutionality of a state statute applicable to similar Claim 23-80 motions, arising out of manifest injustice of such magnitude are required, constitutes an exception to the nascent AEDPA limitations period.

Question Presented (AI Summary)

Whether Jones' successful Fla. R. Crim. P. 3.850 motion created a new judgment, sufficient to restart the one-year AEDPA filing deadline, so as to make his federal habeas petition timely filed

Docket Entries

2020-03-23
Petition DENIED.
2020-03-12
Waiver of right of respondent Mark Inch, et al. to respond filed.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2019-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2020)

Attorneys

David Jones
David Everett Jones — Petitioner
Mark Inch, et al.
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent