Thompson v. Sec'y, Dept. of Corrs., No. 08-10540

In a sexual battery prosecution, the dismissal of petitioner's habeas petition as untimely is reversed where the fact that petitioner did not succeed in obtaining habeas relief on his claims (because the claims belonged in a Florida Rule of Criminal Procedure 3.850 motion) did not mean he filed his habeas petitions in the wrong court, or that his petitions were not "properly filed" under 28 U.S.C. section 2244(d)(2).

Read Thompson v. Sec'y, Dept. of Corrs., No. 08-10540

Appellate Information

Filed January 27, 2010

Judges

Per Curiam