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ZACK v. TUCKER

No. 09-12717.

704 F.3d 917 (2013)

Michael Duane ZACK, III, Petitioner-Appellant, v. Kenneth S. TUCKER, Pam Bondi, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 9, 2013.

Attorney(s) appearing for the Case

Martin J. McClain (Court-Appointed), Linda McDermott (Court-Appointed), McClain & McDermott, P.A., Wilton Manors, FL, for Petitioner-Appellant.

Charmaine M. Millsaps , Office of the Atty. Gen., Tallahassee, FL, Carol M. Dittman , Florida Atty. General's Office, Tampa, FL, for Respondents-Appellees.

Michael A. Rotker , U.S. Dept. of Justice, Crim. Div., Washington, DC, for United States of America, Amicus Curiae.

Before DUBINA, Chief Judge, and TJOFLAT, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges.

DUBINA, Chief Judge:

Petitioner Michael Duane Zack's appeal from the district court's order denying him federal habeas relief pursuant to 28 U.S.C. § 2254 presents this court with the opportunity to revisit our precedent in Walker v. Crosby, 341 F.3d 1240 (11th Cir.2003), and the rule it established with regard to the limitations period set forth in 28 U.S.C. § 2244(d)(1). We now overrule Walker to the extent...

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