Lionel Robinson v. Mark S. Inch, Secretary, Florida Department of Corrections
HabeasCorpus
Does gross negligence of postconviction counsel warrant equitable tolling for federal habeas filing?
QUESTION PRESENTED 1. Does gross negligence on the part of postconviction counsel in the filing of timely postconviction motions constitute reasons warranting application of equitable tolling for filing a Petition for Writ of Federal Habeas Corpus? While the Petitioner and this Court have recognized that defendants do not have a constitutional right to postconviction counsel, they also recognize that the time for filing Federal petitions can be equitably tolled when the petitioner has been pursuing his filings diligently and any delay is attributable to circumstances beyond a defendant’s control. Here, Robinson argues that he is entitled to equitable tolling for the delay caused by postconviction counsel hired to file the Petitioner’s postconviction motions. The Eleventh U.S. Circuit Court of Appeals answer to the above question in the negative represents a decision that is in conflict with decisions from this Honorable Court and from other U.S. Circuit Court of Appeals. i of ,