944 F. Supp. 2d 40
D.D.C.2013Background
- Head was convicted in DC Superior Court in 1980 of felony murder while armed, premeditated murder while armed, armed kidnapping, and armed robbery; kidnapping convictions were later vacated.
- On direct appeal the DC Court of Appeals affirmed all convictions except the kidnapping convictions; remand and vacatur occurred in 1987 and 1995 proceedings.
- Between 1982 and 2011, Head filed six § 23-110 motions challenging convictions/sentences; the fifth motion (June 6, 2008) progressed to appellate review and denial in 2011.
- Head sought a writ of habeas corpus in federal court under 28 U.S.C. § 2254; the petition challenges ineffective assistance of appellate counsel due to alleged conflict of interest.
- Respondent argues the petition is untimely under AEDPA, with final judgment dates and tolling considerations; Head argues tolling and delayed discovery of a relevant circuit decision pause the clock.
- The Court ultimately concludes the habeas petition is untimely and denies the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is timely under AEDPA | Head argues tolling during state collateral review and timing from Williams v. Martinez delay the clock. | Respondent asserts finality occurred by 1995 or 1987 and the one-year AEDPA deadline expired by April 24, 1997, with no tolling shown. | Petition untimely; no sufficient tolling shown. |
Key Cases Cited
- United States v. Sara, 252 F.3d 449 (D.C. Cir. 2001) (AEDPA § 2244(d) tolling guidance)
- Carey v. Saffold, 536 U.S. 214 (2002) (tolling during state post-conviction review)
- Cicero, 214 F.3d 199 (D.C. Cir. 2000) (one-year statute of limitations start date under AEDPA grace period)
- Williams v. Martinez, 586 F.3d 995 (D.C. Cir. 2009) (petitioner's claim timing aided by circuit decision)
- Peoples v. Schultz, 806 F. Supp. 2d 174 (D.D.C. 2011) ( AEDPA timing applied to DC prisoner petitions)