iLife Technologies Inc v. Nintendo of America Inc
3:13-cv-04987
N.D. Tex.May 8, 2014Background
- 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- Probation was revoked and Gay sentenced to five years imprisonment; no direct appeal was taken.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)
