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ESPINOSA v. SECRETARY, DEPT. OF CORRECTIONS

No. 14-10581.

804 F.3d 1137 (2015)

Moises ESPINOSA, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 23, 2015.

Attorney(s) appearing for the Case

Paul D. Petruzzi , Law Offices of Paul Petruzzi, PA, Miami, FL, for Petitioner-Appellant.

Allen Richard Geesey , Georgina Jimenez-Orosa , Katherine McIntire , Attorney General's Office, West Palm Beach, FL, Pam Bondi , Office of the Attorney General, Tallahassee, FL, for Respondent-Appellee.

Before MARCUS, WILLIAM PRYOR, and JILL PRYOR, Circuit Judges.

The issue in this appeal is whether Moises Espinosa's state petition for belated appeal tolled the one-year limitation period for filing a federal petition for a writ of habeas corpus. A jury convicted Espinosa of two counts of sexual battery on a child and the state intermediate appellate court affirmed. Espinosa moved...

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