Allen v. Secretary, Department of Corrections
8:11-cv-02837
M.D. Fla.Sep 17, 2012Background
- Allen, a Florida prisoner, was convicted on multiple cocaine-related counts and sentenced to five years on each count, to be served concurrently.
- He pled no contest on Oct 21, 2009; judgment and sentence filed Nov 5, 2009; no direct appeal pursued.
- In Nov 2011, Allen filed a Rule 3.850 post-conviction motion alleging the drug statute (§893.13) is unconstitutional for lacking mens rea.
- The district court acknowledged Shelton v. Sec’y, Dep’t of Corr. but found it non-binding and Florida law upheld the statute’s constitutionality.
- Allen’s §2254 petition challenging the §893.13 mens rea issue was filed Dec 19, 2011, within AEDPA framework; the court screened for timeliness.
- The court held Allen’s petition was untimely under AEDPA and not eligible for equitable tolling, denying relief and a COA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is timely under AEDPA §2244(d). | Allen argues timely start and tolling should apply. | Respondent argues finality date and no tolled time due to late filing. | Time-barred under §2244(d). |
| Whether equitable tolling applies based on Shelton and diligence. | Allen contends Shelton created a later start date and warrants tolling. | Allen failed to show reasonable diligence or extraordinary circumstances. | No equitable tolling; petition barred. |
| Whether Shelton’s district-court ruling impacts AEDPA deference and timing. | Shelton suggests a constitutional issue could be raised; potential tolling consequence. | Shelton was reversed and does not benefit Allen; not basis for tolling. | Shelton does not save timeliness; petition remains time-barred. |
Key Cases Cited
- Holland v. Florida, 560 U.S. 631 (Sup. Ct. 2010) (equitable tolling requires diligence and extraordinary circumstances)
- Pace v. DiGuglielmo, 544 U.S. 408 (Sup. Ct. 2005) (diligence standard for tolling; not maximum feasible diligence)
- Wade v. Battle, 379 F.3d 1254 (11th Cir. 2004) (properly filed state petitions toll AEDPA time; court must assess timeliness)
- Ferreira v. Sec'y, Dep't of Corr., 494 F.3d 1286 (11th Cir. 2007) (AEDPA limitations and tolling principles authority)
- San Martin v. McNeil, 633 F.3d 1257 (11th Cir. 2011) (extraordinary circumstances standard for equitable tolling)