This new case law therefore concludes that when a 3.850 motion is filed, the original date of filing is controlled even if later on the motion is deemed insufficient. This holds true as long as the motion is permitted to be refiled and ultimately complies with the rules. Once a corrected motion is filed the AEDPA’s limitation period is tolled from the date of the original filling until the conclusion of the Rule 3.850 proceeding. It should be noted that there are additional grounds for statutory tolling which include equitable tolling or actual innocence, however, the Green case does not discuss those additional grounds.

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South Florida Criminal Defense Attorney