San Martin v. McNeil
2011 U.S. App. LEXIS 3529
| 11th Cir. | 2011Background
- San Martin, a Florida inmate, was sentenced to death after state court convictions for murder, attempted murder, attempted robbery, grand theft, and illegal firearm possession.
- Direct review concluded on October 5, 1998; the AEDPA one-year clock began October 6, 1998, and ran until tolling events.
- San Martin filed a shell post-conviction motion in state court on October 4, 1999 to toll AEDPA, followed by a proper post-conviction motion on April 8, 2000 with thirty claims.
- Florida courts denied post-conviction relief; Florida Supreme Court affirmed on August 28, 2008, with mandate issued December 3, 2008.
- San Martin filed a federal habeas petition on December 18, 2008, arguing timeliness and other merits; the district court dismissed as untimely.
- The Eleventh Circuit held the petition untimely under AEDPA and rejected equitable tolling and a request for an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the § 2254 petition | San Martin contends tolling or late notice rendered his filing timely. | State argues AEDPA clock ran from final direct-review date and petition was filed late. | Petition untimely under AEDPA |
| Equitable tolling eligibility | Late notice of the Supreme Court denial and delayed counsel created extraordinary circumstances. | No diligent pursuit or extraordinary circumstances shown; tolling not warranted. | No equitable tolling |
| Entitlement to an evidentiary hearing on tolling | Hearing necessary to resolve diligence and extraordinary-circumstance facts. | Record supports denial of hearing; no genuine factual disputes require an evidentiary inquiry. | No evidentiary hearing required |
Key Cases Cited
- Clay v. United States, 537 U.S. 522 (2003) ( AEDPA finality date when certiorari time expires)
- Washington v. United States, 243 F.3d 1299 (11th Cir. 2001) (direct review finality for AEDPA purposes)
- Drew v. Dep't of Corr., 297 F.3d 1278 (11th Cir. 2002) (diligence and evidentiary-hearing standards for tolling)
- Holland v. Florida, 560 U.S. 2549 (2010) (equitable tolling requires diligence and extraordinary circumstances)
- Lawrence v. Florida, 549 U.S. 327 (2007) (causal link requirement for tolling; extraordinary circumstances)
- Knight v. Schofield, 292 F.3d 709 (11th Cir. 2002) (diligence in learning disposition of case; notices and timing)
- Sibley v. Culliver, 377 F.3d 1196 (11th Cir. 2004) (actual innocence and narrow tolling considerations in death-penalty cases)
- Crutcher v. Cockrell, 301 F.3d 656 (5th Cir. 2002) (timeliness and finality considerations for AEDPA petitions)
- Wainwright v. Sec'y, Dep't of Corr., 537 F.3d 1282 (11th Cir. 2008) (no tolling for late notice under certain circumstances)