Daniel Lugo v. Secretary, Florida Department of Corrections

750 F.3d 1198, 2014 WL 1623735, 2014 U.S. App. LEXIS 7704
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 24, 2014
Docket11-13439, 12-13737
StatusPublished
Cited by84 cases

This text of 750 F.3d 1198 (Daniel Lugo v. Secretary, Florida Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel Lugo v. Secretary, Florida Department of Corrections, 750 F.3d 1198, 2014 WL 1623735, 2014 U.S. App. LEXIS 7704 (11th Cir. 2014).

Opinions

CARNES, Chief Judge:

Daniel Lugo, a Florida death-row inmate, appeals the district court’s decision dismissing as time-barred his 28 U.S.C. § 2254 petition for a writ of habeas corpus. He also appeals the denial of his Federal Rule of Civil Procedure 60(b) motion, which asked the district court to vacate its judgment dismissing his § 2254 petition as time-barred. Lugo contended in the district court, as he does here, that he is entitled to equitable tolling of the one-year statute of limitations for filing a federal habeas petition under Holland v. Florida, 560 U.S. 631, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). We granted Lugo separate certificates of appealability to appeal each of the district court’s decisions and consolidated the two appeals. We affirm in both appeals.

I. BACKGROUND

Lugo was sentenced to death after he was convicted by a jury of thirty-nine felonies, including kidnapping, attempted extortion, and first-degree murder. See Lugo v. State (Lugo I), 845 So.2d 74, 84-92 (Fla.2003).1 The facts of the crime, trial, and sentencing proceedings are detailed at length in the Florida Supreme Court’s opinion affirming Lugo’s convictions and death sentences on direct appeal. See id. at 84-119.

The Florida Supreme Court affirmed Lugo’s convictions and death sentences on direct appeal on February 20, 2003, and denied rehearing on May 2, 2003. Id. at 74, 119. The judgment became final when the United States Supreme Court denied Lugo’s petition for a writ of certiorari on October 6, 2003. Lugo v. Florida, 540 U.S. 920, 124 S.Ct. 320, 157 L.Ed.2d 216 [1202]*1202(2003); see also Clay v. United States, 537 U.S. 522, 527, 123 S.Ct. 1072, 1076, 155 L.Ed.2d 88 (2003) (“Finality attaches when this Court affirms a conviction on the merits on direct review or denies a petition for a writ of certiorari, or when the time for filing a certiorari petition expires.”); Bond v. Moore, 309 F.3d 770, 772-73 (11th Cir. 2002). Lugo had until October 6, 2004, to file his federal petition for a writ of habeas corpus or to properly file an application for postconviction relief in state court to toll the time for filing his federal petition. See 28 U.S.C. § 2244(d)(1)(A), (d)(2); Downs v. McNeil, 520 F.3d 1311, 1318 (11th Cir. 2008) (noting that “the limitations period expires on the anniversary of the date it began to run”).

Over the course of the collateral review process, and at various times, Lugo had five different appointed counsel.

A. CCRC-Southern Region

On May 2, 2003, the Florida Supreme Court appointed Florida’s Office of Capital Collateral Regional Counsel (CCRC)Southern Region to handle Lugo’s postconviction proceedings.2 See Fla. Stat. § 27.7001, et seq. (creating and structuring Florida’s system for providing representation to indigent capital defendants in collateral proceedings). However, CCRCSouthern Region withdrew from its representation before Lugo’s judgment even became final on direct review because it was representing his codefendant.

B. CCRC-Middle Region

On June 9, 2003, CCRC-Middle Region entered a notice of appearance in state postconviction court, replacing the Southern Region office as counsel for Lugo. Almost four months later, and three days before Lugo’s convictions became final on direct review, CCRC-Middle Region filed a motion to withdraw based on a conflict of interest. That October 3, 2003 motion stated that the CCRC-Middle Region’s lead investigator had a personal conflict of interest because she feared that conducting an investigation in Lugo’s case could endanger members of her family in Colombia. For that reason, and pursuant to Fla. Stat. § 27.703(1), CCRC-Middle Region asked to be permitted to withdraw and for the court to appoint in its place conflict-free registry counsel qualified under Fla. Stat. §§ 27.710 and 27.711.

On October 22, 2003, the state postconviction court denied CCRC-Middle Region’s motion to withdraw. But later, on December 18, 2003, at a court proceeding [1203]*1203where Lugo was not present, that court allowed CCRC-Middle Region to withdraw.3 Although the record of that proceeding indicates that CCRC-Middle Region’s investigator met with Lugo at least twice and that the agency began collecting records about his case, there is nothing else in it about the extent of CCRC-Middle Region’s efforts on Lugo’s behalf before it withdrew.

C. Roy D. Wasson

The state court appointed registry attorney Roy D. Wasson on January 16, 2004. Wasson did not file a state postconviction motion on Lugo’s behalf under Rule 3.851 of the Florida Rules of Criminal Procedure until October 18, 2004.

There is more to say about Wasson’s conduct, as well as Lugo’s diligence, between the time of Wasson’s appointment and his filing of Lugo’s Rule 3.851 motion. While these facts are relevant to an equitable tolling analysis, many of them were not before the district court when it initially dismissed Lugo’s § 2254 petition. Sorting out when Lugo brought facts to the district court’s attention is important in our review of the two different district court orders, each with its own analytical framework and standard of review.4 At the time it dismissed the § 2254 petition, the district court had before it only the procedural history of the case and some conclusory allegations by Lugo concerning Wasson. It was not until after that dismissal and when the Rule 60(b) motion was filed that the most egregious facts regarding Lugo’s representation were presented to the district court. Because we consider each appeal in light of what was before the district court when it issued the relevant decision, we limit our background discussion here to those facts which were brought to the district court’s attention by Lugo or the State before the court dismissed the § 2254 petition.

The Rule 3.851 motion filed by Wasson raised various substantive claims on Lugo’s behalf and alleged that he was not competent to participate in postconviction proceedings. After Lugo was evaluated and determined to be competent by two state doctors, Lugo filed pro se motions objecting to a competency hearing and requesting the removal of Wasson as counsel. The parties later stipulated that Lugo was competent to proceed and he withdrew his motion to discharge Wasson.

After holding an evidentiary hearing in 2006, the state postconviction court denied Lugo’s Rule 3.851 motion.

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750 F.3d 1198, 2014 WL 1623735, 2014 U.S. App. LEXIS 7704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-lugo-v-secretary-florida-department-of-corrections-ca11-2014.