Daniel v. Christiansen
2:24-cv-12971
E.D. Mich.Apr 14, 2025Background
- Dwayne David Daniel pleaded guilty to second-degree murder and assault with intent to commit murder in 2011, receiving lengthy prison sentences.
- Daniel’s direct appeal in the Michigan Court of Appeals was denied, and he did not seek review from the Michigan Supreme Court.
- Daniel filed a federal habeas corpus petition on November 8, 2024, over ten years after his convictions became final.
- The court ordered Daniel to show cause why his petition should not be dismissed as untimely; he did not respond.
- The habeas petition raised issues of ineffective assistance of counsel, voluntariness of confession, and sentencing procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under AEDPA | Petition should proceed despite delay | Petition is untimely | Petition untimely under § 2244(d) |
| Equitable tolling | Not asserted by Daniel | No grounds for tolling present | No equitable tolling warranted |
| Certificate of appealability | Implied right to appeal | No debatable issue present | COA denied |
| In forma pauperis on appeal | Appeal can be taken in good faith | — | Leave to appeal in forma pauperis granted |
Key Cases Cited
- Gonzalez v. Thaler, 565 U.S. 134 (2012) (finality of judgment when review not sought in the state’s highest court)
- Holland v. Florida, 560 U.S. 631 (2010) (equitable tolling standard for AEDPA’s one-year limitation period)
- Slack v. McDaniel, 529 U.S. 473 (2000) (standard for granting certificate of appealability)