CA11: Generic state 4A post-conviction petition with no citation of authority waived state claims

A generic state claim for post-conviction relief for ineffective assistance in counsel of a Fourth Amendment claim that cited nothing was no claim at all, and didn’t toll § 2254 limitations. “Dunn’s September 2015 motion merely asserted that her convictions were obtained in violation of her Sixth and Fourth Amendment rights without containing any argument, caselaw, or legal analysis to that point. Thus, rather than being a properly filed application for postconviction relief that needed to be amended, the motion was insufficient to qualify as an ‘application’ for state postconviction relief at all. See Sibley, 377 F.3d at 1200. Accordingly, the district court properly found that Dunn’s September 2015 motion did not statutorily toll the one-year limitation period under § 2244(d)(2). See 28 U.S.C. § 2244(d)(2).” Dunn v. Sec’y, Dep’t of Corr., 2020 U.S. App. LEXIS 10188 (11th Cir. Apr. 1, 2020).

This entry was posted in Ineffective assistance. Bookmark the permalink.

Comments are closed.