Brown, Richard
WR-81,689-02
| Tex. App. | Sep 14, 2015Background
- Brown pled guilty to indecency with a child by contact in a multi-count indictment in 2012.
- The plea included waiving a jury trial and admitting a prior felony, with an 11-year sentence.
- Brown did not appeal the conviction or sentence after pleas and waivers.
- In 2014 Brown filed a state habeas corpus application which the Texas Court of Criminal Appeals denied.
- Brown filed a federal habeas petition in 2014 asserting multiple grounds including coercion, ineffective assistance, and indictment defects.
- The federal court held the petition time-barred under 28 U.S.C. § 2244(d) and denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the federal petition is timely under § 2244(d) | Brown argues timely tolling occurred due to state delays. | Respondent argues no tolling and untimeliness. | Petition untimely; time-bar not tolled by state petitions |
| Whether state habeas proceedings toll § 2244(d)(1)(A) clock | Brown asserts tolling from state proceedings. | State asserts no tolling applicable to federal clock. | No tolling from state habeas relief |
| Whether Brown can invoke actual innocence to excuse timeliness | Brown contends actual innocence may excuse late filing. | State opposes actual-innocence tolling. | Actual innocence not proven; insufficient to excuse untimeliness |
| Whether the plea agreement and waiver affect federal review | Brown argues waiver and coercion undermine review. | State maintains waiver valid and independently supports conviction. | Waiver valid; does not revive untimely petitions |
| Whether the remaining grounds warrant relief notwithstanding timeliness | Brown asserts multiple grounds show errors merits-based relief. | State argues merits do not overcome statute of limitations. | Merits do not overcome time-bar |
Key Cases Cited
- Richards v. Thaler, 570 F.3d 580 (5th Cir. 2009) (inmate filing date governs timeliness under AEDPA)
- Spotville v. Cain, 149 F.3d 374 (5th Cir. 1998) (prison mailbox rule for filing date)
- Flanagan v. Johnson, 154 F.3d 196 (5th Cir. 1998) (timeliness clock begins on final judgment plus time for direct review)
- McQuiggin v. Perkins, 569 U.S. 383 (U.S. 2013) (actual-innocence gateway to excuse timeliness only under compelling evidence)
- Felder v. Johnson, 204 F.3d 168 (5th Cir. 2000) (equitable tolling not warranted by petitioner’s indigence or pro se status)
- Turner v. Johnson, 176 F.3d 847 (5th Cir. 1999) (timeliness and tolling principles under AEDPA)
- Keenan v. Puckett, 26 F.3d 533 (5th Cir. 1994) (voluntary guilty pleas and waivers affect collateral challenges)