HENSLEY v. MOORE

No. 00-15579.

281 F.3d 1208 (2002)

Thomas Eugene HENSLEY, Petitioner-Appellant, v. Michael W. MOORE, Robert A. Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 6, 2002.


Attorney(s) appearing for the Case

Rick Carey, Asst. Fed. Pub. Def., Ocala, FL, Rosemary Cakmis, Fed. Pub. Def., Orlando, FL, for Petitioner-Appellant.

Edward C. Hill, Jr., Tallahassee, FL, for Respondents-Appellees.

Before TJOFLAT, RONEY and COX, Circuit Judges,


PER CURIAM:

The question presented by the certificate of appealability in this case, which was brought under 28 U.S.C. § 2254 to challenge the constitutional validity of a 1974 rape conviction, is essentially: whether the one-year statute of limitations created by the Antiterrorism and Effective Death Penalty Act of 1996 was tolled by petitioner's previously filed federal petition seeking the same § 2254 relief. The Supreme Court has answered this question...

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