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iLife Technologies Inc v. Nintendo of America Inc
3:13-cv-04987
N.D. Tex.
May 8, 2014
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Background

  • Petitioner Gay filed a pro se federal habeas corpus petition under 28 U.S.C. §2254.
  • Gay pled guilty to burglary of a habitation and received a 10-year sentence with five years probation and a $1,500 fine.
  • While on probation, Gay failed to report to his supervising officer and left a drug aftercare facility before completing inpatient treatment.
  • Probation was revoked and Gay sentenced to five years imprisonment; no direct appeal was taken.
  • Gay pursued state post-conviction relief, which was dismissed; he then filed the federal petition.
  • The district court found the petition time-barred under AEDPA and recommended dismissal with prejudice.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the petition is time-barred under AEDPA. Gay argues the petition should be timely. Dretke argues the petition is untimely under AEDPA. Petition is time-barred; dismissal granted.
When the AEDPA clock began for these claims. Dates tied to the guilty plea and probation. Clock began August 9, 2003, after plea placed on probation. Limitations started 30 days after August 9, 2003; claims barred.
Whether equitable tolling or other exceptions救 justify relief. Petitioner seeks tolling for delay. No substantial basis for tolling shown. No equitable tolling; no relief.

Key Cases Cited

  • Davis v. Johnson, 158 F.3d 806 (5th Cir. 1998) (equitable tolling recognized only in rare and exceptional circumstances)
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Case Details

Case Name: iLife Technologies Inc v. Nintendo of America Inc
Court Name: District Court, N.D. Texas
Date Published: May 8, 2014
Docket Number: 3:13-cv-04987
Court Abbreviation: N.D. Tex.