KEARSE v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 12-16610.

736 F.3d 1359 (2013)

Billy Leon KEARSE, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondent-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 2, 2013.


Attorney(s) appearing for the Case

Paul Edward Kalil , Fort Lauderdale, FL, for Petitioner-Appellant.

Leslie Teresa Campbell , Lisa-Marie Lerner Attorney General's Office, West Palm Beach, FL, for Respondent-Appellees.

Before CARNES, Chief Judge, MARCUS and WILSON Circuit Judges.


WILSON, Circuit Judge:

When this case came before us previously, we remanded for consideration of whether Petitioner Billy Leon Kearse had presented clear and convincing evidence to rebut the state court's presumptively correct finding that his verification page was not attached, incorporated, or appended to his motion for postconviction relief. The district court found that he did not. Thus, his state court motion for postconviction relief was improperly filed, and...

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