Andre K. Clarke v. Julie L. Jones, Secretary, Florida Department of Corrections
HabeasCorpus Securities
Whether Maples v. Thomas requires importation of agency principles into the equitable tolling context
QUESTIONS PRESENTED FOR REVIEW I. Whether Maples v. Thomas, 565 U.S. 266 (2012) requires importation of agency principles into the equitable tolling context, such that it alters this Court’s conclusion two years earlier in Holland v. Florida, 560 U.S. 631 (2010) that attorney error can constitute extraordinary circumstances allowing for equitable tolling of the one-year limitations period applicable to 28 U.S.C. § 2254 habeas corpus petitions. 2. Whether the Eleventh Circuit’s rule that a certificate of appealability cannot be granted where an issue is foreclosed by circuit precedent conflicts with Miller-El v. Cockrell, 537 U.S. 322 (2003), and Buck v. Davis, 580 U.S. ___, 187 S. Ct. 759 (2017), as well as decisions of the Third and Ninth Circuits holding that a split in the circuits warrants a COA. i INTERESTED PARTIES . There are no