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