Walton v. Secretary, Florida Department of Corrections
2011 U.S. App. LEXIS 22622
| 11th Cir. | 2011Background
- Walton was convicted of three murders in Florida and sentenced to death; Florida Supreme Court affirmed.
- Walton filed postconviction relief in 1990 and a first state habeas petition denied in 2003; mandate issued June 30, 2003.
- Walton filed a second state habeas petition on June 23, 2003; Florida Supreme Court denied it as successive on October 3, 2003.
- Walton filed a federal habeas petition on September 30, 2004, within one year of the second petition's denial.
- District court held the second petition untimely and not properly filed to toll AEDPA; affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walton's second state habeas petition was properly filed to toll AEDPA | Walton | Florida | No; untimely filing cannot toll AEDPA. |
| Whether the simultaneous filing requirement for death-penalty cases was firmly established | Walton | Florida | Yes; it governs tolling when timely. |
| Effect of Siebert v. Campbell and Allen v. Siebert on timing rules | Walton | Florida | Siebert abrogated; timing bar controls tolling under AEDPA. |
| Timeliness analysis where state court did not address timeliness | Walton | Florida | State timeliness governs; untimely petition cannot toll. |
Key Cases Cited
- Pace v. DiGuglielmo, 544 U.S. 408 (U.S. 2005) (untimeliness defeats tolling under § 2244(d)(2))
- Evans v. Chavis, 546 U.S. 189 (U.S. 2006) (state court merits timing not a replacement for timeliness)
- Allen v. Siebert, 552 U.S. 3 (U.S. 2007) (untimeliness ends tolling under § 2244(d)(2))
- Siebert v. Campbell, 334 F.3d 1018 (11th Cir. 2003) (early rule on proper filing; later abrogated by Allen)
- Mann v. Moore, 794 So.2d 595 (Fla. 2001) (capital postconviction petitions must be filed simultaneously with appeal)
- Walker v. Martin, 131 S. Ct. 1120 (2011) (court may not rely on merits dispositions to bypass timeliness)