Bear v. Fayram
2011 U.S. App. LEXIS 16867
| 8th Cir. | 2011Background
- Bear was convicted of second-degree murder on January 28, 2000 and sentenced to up to 50 years.
- Direct review concluded with the Iowa Supreme Court denial in 2001; state post-conviction relief occurred in 2004 with subsequent denials through 2007.
- Bear filed a federal habeas petition on May 1, 2008, which the district court dismissed as untimely.
- On appeal, this court vacated and remanded for record development regarding a state-created impediment to filing under 28 U.S.C. § 2244(d)(1)(B).
- On remand, the district court held that the Anamosa law library contained the AEDPA limitation provision in 2002 and that Bear had meaningful access to the courts; petition was still untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court clearly erred on library evidence | Bear | State | No clear error; library contained limitations provision. |
| Whether absence of interpretable materials tolls under § 2244(d)(1)(B) | Bear | State | No tolling; access was adequate. |
| Whether contract-attorney information sufficed for meaningful access | Bear | State | Resources provided minimal help; no tolling. |
Key Cases Cited
- Bounds v. Smith, 430 U.S. 817 (1977) (right of meaningful access to courts requires adequate resources)
- Lewis v. Casey, 518 U.S. 343 (1996) (actual injury necessary to prove access-to-courts violation)
- Painter v. Iowa, 247 F.3d 1255 (8th Cir.2001) (tolling behavior and timing under § 2244(d)(2))
- Entzi v. Redmann, 485 F.3d 998 (8th Cir.2007) (availability of library resources satisfies constitutional requirement)
- Boston v. Weber, 525 F.3d 622 (8th Cir.2008) (interpretation of § 2244(d)(2) tolling when state applications pending)
- Bear v. Kautzky, 305 F.3d 802 (8th Cir.2002) ( Bounds / Lewis framework for prison access to courts)