2:07-cv-01042
E.D. La.Sep 19, 2013Background
- Dempsey was convicted of four counts of armed robbery and sentenced to four consecutive 99-year terms without parole.
- The Louisiana Fourth Circuit affirmed the convictions and sent a denial notice on April 2, 2003.
- Dempsey did not file a writ to the Louisiana Supreme Court within 30 days; he filed on June 20, 2003, beyond the deadline, and relitigation was denied.
- Dempsey pursued multiple state post-conviction remedies, all of which were denied.
- On February 16, 2007, he filed a federal habeas petition under 28 U.S.C. §2254; a magistrate recommended denial as untimely under §2244(d)(1).
- This Court adopted the magistrate’s recommendation and denied the petition; the Fifth Circuit affirmed, and the Supreme Court denied certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 60(b) tolling viability | Dempsey argues Rule 60(b) can address timeliness of habeas ruling. | Cain contends Rule 60(b) relief is inappropriate to counter a merits bar on timeliness. | Rule 60(b) relief denied; not proper to overturn merits ruling on timeliness. |
| Equitable tolling due to counsel abandonment | Dempsey contends counsel abandonment warranted extraordinary tolling. | Cain argues no proven extraordinary circumstances from counsel conduct. | No extraordinary circumstances shown; tolling not warranted. |
| Application of Maple s v. Thomas and Holland v. Florida | Maple s and Holland support tolling due to counsel failures. | These decisions do not compel tolling here given lack of evidence of abandonment and timely efforts. | Facts do not meet Holland’s threshold for extraordinary circumstances; Maple s not controlling. |
Key Cases Cited
- Holland v. Florida, 560 U.S. 631 (2010) (equitable tolling requires extraordinary circumstances and diligence)
- Maples v. Thomas, 132 S. Ct. 912 (2012) (abandonment external to petitioner; agency principles limit client fault)
- Hernandez v. Thaler, 630 F.3d 420 (5th Cir. 2011) (Rule 60(b) relief can review timeliness issues in habeas context)
- Gonzalez v. Crosby, 545 U.S. 524 (2005) (Rule 60(b) relief to attack a prior merits ruling)
- Williams v. Thaler, 602 F.3d 291 (5th Cir. 2010) (equitable tolling requires extraordinary circumstances and diligence)