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McCLOUD v. HOOKS

No. 07-12708.

560 F.3d 1223 (2009)

Demarcus James McCLOUD, Petitioner-Appellant, v. Ralph HOOKS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 2, 2009.

Attorney(s) appearing for the Case

Rick L. Burgess (Court-Appointed), Birmingham, AL, for McCloud.

Jack W. Willis, Montgomery, AL, for Hooks.

Before TJOFLAT and CARNES, Circuit Judges, and HOOD, District Judge.

HOOD, District Judge:

Demarcus McCloud ("McCloud" or "Defendant"), an Alabama state prisoner, appeals the dismissal of his federal habeas corpus petition as time-barred under the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (1996). At issue in this case is the impact of Alabama's consolidation rule, Ala. R.Crim. P. 13.3(c), on the timeliness of a defendant's habeas petition...

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