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WALTON v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 11-10558.

661 F.3d 1308 (2011)

Jason Dirk WALTON, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 9, 2011.

Attorney(s) appearing for the Case

William M. Hennis, III (Court-Appointed), Roseanne Eckert (Court-Appointed), Office of the Capital Collateral Regional Counsel, Fort Lauderdale, FL, for Petitioner-Appellant.

Katherine Vickers Blanco , Tampa, FL, for Respondents-Appellees.

Before CARNES, HULL and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

The issue in this appeal is whether Jason Walton's second state petition for a writ of habeas corpus was "properly filed," under the Antiterrorism and Effective Death Penalty Act, so as to toll the one-year limitation period for filing a federal petition for a writ of habeas corpus. 28 U.S.C. § 2244(d)(2). A Florida court convicted Walton of three murders and sentenced him to death, and the Florida...

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