Holmes v. Grenada County
4:13-cv-00011
N.D. Miss.Oct 21, 2013Background
- Holmes was convicted in Grenada County, Mississippi (Feb 20, 1991) for sale of a controlled substance and sentenced to 30 years as a habitual offender.
- Mississippi Supreme Court affirmed the conviction on Aug 3, 1992 (Holmes v. State).
- AEDPA’s one-year federal habeas limitations began to run for pre-AEDPA final convictions on Apr 24, 1996, with a grace period ending Apr 24, 1997.
- Holmes filed a state postconviction application signed Aug 8, 2002; it was denied March 20, 2003, and rehearing dismissed Apr 30, 2003.
- Holmes filed a pro se federal § 2254 petition signed Jan 13, 2013 and filed Jan 25, 2013; she did not respond to the State’s motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Holmes’s § 2254 petition is timely under AEDPA | Petition filed 2013 is timely (implicit argument: entitlement to tolling or grace) | Petition is untimely; AEDPA grace period expired Apr 24, 1997 and Holmes offered no basis for tolling | Petition dismissed as untimely under 28 U.S.C. § 2244(d) |
| Whether Holmes is entitled to statutory tolling for her 2002 state filing | State filing tolls AEDPA limitations | State filing occurred after AEDPA deadline and cannot toll expired limitation | No statutory tolling; state filing was too late to toll |
| Whether equitable tolling applies | Holmes may be entitled to equitable tolling due to unspecified hardships (implied) | No rare or extraordinary circumstances shown; no evidence of misleading or prevented filing | Equitable tolling denied; petitioner failed to present basis for it |
| Filing date under mailbox rule | Petition should be deemed filed as of signature/turn-in date (Jan 13, 2013) | State accepts mailbox rule date but contends it's still long after deadline | Court used earliest possible mailbox date and still found petition over 15 years late |
Key Cases Cited
- Grillete v. Warden, Winn Correctional Ctr., 372 F.3d 765 (5th Cir.) (pre-AEDPA final convictions treated as final on AEDPA enactment date for limitations purposes)
- Egerton v. Cockrell, 334 F.3d 433 (5th Cir.) (same principle regarding AEDPA grace period)
- Coleman v. Johnson, 184 F.3d 398 (5th Cir.) (mailbox rule for pro se prisoner filings)
- Spotville v. Cain, 149 F.3d 374 (5th Cir.) (application of mailbox rule)
- Ott v. Johnson, 192 F.3d 510 (5th Cir.) (standards for equitable tolling; "rare and exceptional" circumstances required)
- Flannagan v. Johnson, 154 F.3d 196 (5th Cir.) (limitations/tolling principles under AEDPA)
- Davis v. Johnson, 158 F.3d 806 (5th Cir.) (limitations/tolling analysis under AEDPA)
- Holmes v. State, 604 So.2d 327 (Miss. 1992) (state court affirming petitioner’s conviction)