WHIDDON v. DUGGER

No. 88-3593.

894 F.2d 1266 (1990)

Edward Eugene WHIDDON, Petitioner-Appellant, v. Richard L. DUGGER and Robert A. Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 20, 1990.


Attorney(s) appearing for the Case

Edward Eugene Whiddon, pro se.

Lester Makofka, Jacksonville, Fla., for petitioner-appellant.

Richard Doran, Tallahassee, Fla., for respondents-appellees.

Before TJOFLAT, Chief Judge, and EDMONDSON, Circuit Judge, and HILL, Senior Circuit Judge.


EDMONDSON, Circuit Judge:

This case concerns the effect that a time limitation on state collateral relief has on the availability of federal habeas proceedings. Petitioner-appellant filed a petition for state collateral relief beyond the two-year time limit of Rule 3.850 of the Florida Rules of Criminal Procedure. We conclude that this late filing is a procedural default to which the usual rules apply: before we will consider petitioner's federal habeas claims, he...

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