Junek v. Vannoy
2:15-cv-06817
E.D. La.Mar 22, 2016Background
- Timothy M. Junek was convicted of sexual battery in Louisiana on November 15, 2011, and sentenced to 25 years on December 22, 2011.
- The Louisiana First Circuit affirmed on December 21, 2012; Junek did not file further direct review in the Louisiana Supreme Court within the 30-day rule time (finality for AEDPA purposes occurred January 22, 2013).
- AEDPA’s one-year statute of limitations began to run on January 22, 2013 and, absent tolling, expired January 22, 2014.
- Junek filed a state post-conviction application on February 21, 2014 (after AEDPA expired) and a federal habeas petition delivered to prison mail on December 3, 2015.
- The State moved to dismiss as untimely; the magistrate judge found no statutory tolling, no equitable tolling, and no asserted or colorable actual-innocence gateway to overcome the limitations bar.
- Recommendation: the federal habeas petition be dismissed with prejudice as time-barred under 28 U.S.C. § 2244(d)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Junek’s federal habeas was timely under AEDPA | Junek filed habeas; implies timeliness or seeks tolling | Federal habeas filed after AEDPA deadline; untimely | Petition untimely — missed AEDPA deadline (January 22, 2014) |
| Statutory tolling under 28 U.S.C. § 2244(d)(2) | State post-conviction filing would toll limitations | No state collateral review was pending during the one-year period | No statutory tolling — state filing occurred after limitations expired |
| Equitable tolling availability | (Implicitly) seeks relief despite delay | No extraordinary circumstances or diligence shown | Equitable tolling denied — petitioner failed to meet burden for rare/exceptional circumstances |
| Actual-innocence gateway (McQuiggin) | Could overcome time bar if actual innocence shown | No new evidence or colorable showing of actual innocence | Gateway not invoked or satisfied — no colorable actual-innocence showing |
Key Cases Cited
- Holland v. Florida, 560 U.S. 631 (2010) (AEDPA statute of limitations is subject to equitable tolling and requires diligence plus extraordinary circumstances)
- Butler v. Cain, 533 F.3d 314 (5th Cir. 2008) (rules on finality and determining when conviction becomes final for AEDPA purposes under Louisiana law)
- McQuiggin v. Perkins, 133 S. Ct. 1924 (2013) (actual-innocence gateway can overcome AEDPA statute of limitations in rare cases)
- Schlup v. Delo, 513 U.S. 298 (1995) (standard for a tenable actual-innocence gateway requiring that no juror, reasonably acting, would have found guilt beyond a reasonable doubt)
- Roberts v. Cockrell, 319 F.3d 690 (5th Cir. 2003) (finality rules for AEDPA limitations and mailbox rule principles)
- Causey v. Cain, 450 F.3d 601 (5th Cir. 2006) (applying state filing deadlines in determining finality for federal habeas purposes)
- Foreman v. Dretke, 383 F.3d 336 (5th Cir. 2004) (alternative routes for finality under §2244(d)(1)(A))
- Alexander v. Cockrell, 294 F.3d 626 (5th Cir. 2002) (petitioner bears burden to establish entitlement to equitable tolling)
- Davis v. Johnson, 158 F.3d 806 (5th Cir. 1998) (AEDPA limitations may be equitably tolled only in rare and exceptional circumstances)