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ESTES v. CHAPMAN

No. 03-11550.

382 F.3d 1237 (2004)

Anthony L. ESTES, Petitioner-Appellant, v. Bruce CHAPMAN, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 31, 2004.

Attorney(s) appearing for the Case

Mildred Geckler Dunn, Stephanie Kearns (Fed. Pub. Def.), Fed. Def. Program, Inc., Atlanta, GA, for Petitioner-Appellant.

Paula Khristian Smith, Adam Marshall Hames, GA Dept. of Law, Atlanta, GA, for Respondent-Appellee.

Before ANDERSON and BIRCH, Circuit Judges, and ROYAL, District Judge.

ANDERSON, Circuit Judge:

This case concerns whether a state-court motion to vacate an allegedly void sentence was "properly filed" such that it tolled the limitations period for filing federal habeas petitions set forth in 28 U.S.C. § 2244(d)(1).

I. FACTUAL AND PROCEDURAL BACKGROUND

Estes was convicted in Georgia state court of kidnapping and other offenses. He had previously been convicted of rape...

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