Darion Turner v. Kenneth Romanowski
409 F. App'x 922
6th Cir.2011Background
- Turner was convicted in 1993 in Michigan state court of two counts of second-degree murder and one felony-firearm offense.
- Direct appellate relief in Michigan: Court of Appeals affirmed in 1994; Michigan Supreme Court denied leave in 1995.
- Turner filed a state post-conviction motion in 2002 raising prosecutorial misconduct, ineffective assistance, newly discovered evidence, and due process claims; trials court denied in 2003; appeals denied in 2004.
- Turner filed a federal habeas petition in February 2005 raising eleven claims; State moved to dismiss based on 28 U.S.C. § 2244(d) AEDPA one-year limit.
- District court stayed proceedings pending House v. Bell and later denied habeas relief on the merits, addressing the petition despite the stay and without resolving the statute of limitations issue.
- Court ultimately held the petition untimely and not entitled to equitable tolling, including denial of an evidentiary hearing on actual-innocence claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AEDPA’s one-year limit barred the petition | Turner contends timely filing was possible | State maintains petition untimely under § 2244(d) | Untimely under AEDPA; limitations bar relief |
| Whether equitable tolling due to actual innocence applies | Turner asserts credible actual-innocence evidence warrants tolling | No sufficient credible new evidence of innocence | Not entitled to equitable tolling; no credible new innocence evidence supports tolling |
| Whether district court properly adjudicated despite not resolving tolling issue earlier | Equitable tolling issues require resolution before merits | Court could review merits after tolling determination | District court correctly declined tolling-based relief; affirmed denial on the merits anyway |
Key Cases Cited
- McClendon v. Sherman, 329 F.3d 490 (6th Cir. 2003) (AEDPA tolling and timely filing considerations in state prisoners)
- Searcy v. Carter, 246 F.3d 515 (6th Cir. 2001) (limitations period tolling while state proceedings; non-reset of clock)
- Souter v. Jones, 395 F.3d 577 (6th Cir. 2005) (actual innocence gateway requires new reliable evidence)
- Schlup v. Delo, 513 U.S. 298 (1995) (actual innocence exception; rare and extraordinary)
- House v. Bell, 547 U.S. 518 (2006) (context for actual innocence and tolling in AEDPA)
- Sawyer v. Hofbauer, 299 F.3d 605 (6th Cir. 2002) (evidentiary hearing standard under AEDPA)
- Schriro v. Landrigan, 550 U.S. 465 (2007) (AEDPA standard governs whether to grant an evidentiary hearing)
- Mayes v. Gibson, 210 F.3d 1284 (10th Cir. 2000) (AEDPA evidentiary hearing analysis)
- First City Bank v. Nat’l Credit Union Admin. Bd., 111 F.3d 433 (6th Cir. 1997) (standards for tolling and discovery conduct)