On April 24, 2014, the Eleventh Circuit (Carnes, with Dubina; concurrence by Martin) affirmed the dismissal of Daniel Lugo’s habeas petition and the denial of his Rule 60(b) motion. Lugo v. Secretary, Florida Dept. of Corrections
. The appeals court agreed with the district court that Lugo was not entitled to equitable tolling. Both the majority opinion and the concurrence discuss the serious, and apparently unique, problem in Florida where there have been at least 34 capital cases with blown federal statutes of limitation.