BROWN v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY
2:18-cv-12132
D.N.J.May 19, 2025Background
- Herbert Brown was convicted by a jury in Passaic County, NJ on multiple counts relating to armed robberies from December 2005, with an initial aggregate sentence of 41 years.
- The conviction and sentence underwent multiple appeals and resentencings, resulting in amended Judgments of Conviction (JOCs), with the third amended JOC entered on February 11, 2013.
- Brown filed a state post-conviction relief (PCR) petition in July 2013, which the state court found untimely under New Jersey's five-year rule for PCR.
- He argued on appeal that his untimely filing was due to lack of notice from counsel about PCR deadlines, but both the Appellate Division and NJ Supreme Court rejected his claims.
- Brown then filed a federal habeas corpus petition under 28 U.S.C. § 2254 in July 2018, which respondents moved to dismiss as untimely under AEDPA's one-year statute of limitations.
Issues
| Issue | Brown's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the federal habeas petition was timely filed under AEDPA | Limitations period should use final amended JOC; entitled to tolling during state PCR process | PCR petition was untimely in state court; therefore, no statutory tolling under federal law | Petition untimely, not eligible for statutory tolling |
| Entitlement to equitable tolling | Counsel failed to notify him of PCR deadlines, so delay should be excused without prejudice | No extraordinary circumstances; lack of legal knowledge is not grounds for tolling | No equitable tolling; no diligence or extraordinary barriers shown |
| Certificate of Appealability | N/A | N/A | Denied; no reasonable jurists would disagree |
Key Cases Cited
- Pace v. DiGuglielmo, 544 U.S. 408 (2005) (Untimely state post-conviction petitions are not "properly filed" and do not toll federal habeas statute of limitations)
- Holland v. Florida, 560 U.S. 631 (2010) (Equitable tolling can apply where attorney misconduct amounts to extraordinary circumstances)
- Jimenez v. Quarterman, 555 U.S. 113 (2009) (Finality under AEDPA occurs when time for seeking direct review expires)
- Miller-El v. Cockrell, 537 U.S. 322 (2003) (Standard for issuing a certificate of appealability on habeas petitions)
- Swartz v. Meyers, 204 F.3d 417 (3d Cir. 2000) (Statutory tolling applies while a properly filed PCR is pending in state court)