Kenneth Richards v. Rick Thaler, Director
2013 U.S. App. LEXIS 4542
| 5th Cir. | 2013Background
- Richards, a Texas state prisoner, challenged a federal habeas corpus petition filed under 28 U.S.C. § 2254 after state relief petitions.
- He was convicted of possessing a cell phone in prison and sentenced to 25 years’ imprisonment; direct appeal denied.
- Texas Court of Criminal Appeals declined review on August 19, 2009; conviction final on November 17, 2009.
- Richards placed his state post-conviction petition in the prison mail system on October 12, 2010.
- Texas Court of Criminal Appeals stamped the petition as received on November 18, 2010; petition denied January 19, 2011.
- Richards filed his federal § 2254 application on February 11, 2011; district court dismissed as untimely and denied COA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prison mailbox rule applies to Texas post-conviction petitions. | Richards argues filing is when delivered to prison authorities per Campbell. | Thaler argues filing occurs when stamped by the state court clerk. | Yes; Texas post-conviction petitions deemed filed when delivered to prison authorities. |
| Whether the clock for AEDPA § 2244(d) tolled by the state petition. | Richards contends tolling occurred from Oct 12, 2010 onward. | Thaler contends tolling depends on proper filing under state law. | The court did not reach tolling issue; outcome based on filing date under Texas law. |
| Whether Richards is entitled to equitable tolling. | Richards seeks equitable tolling due to prison filing limitations. | Thaler argues no equitable tolling applies given filing date under state law. | Equitable tolling not addressed on remand; focus on filing date per Campbell. |
Key Cases Cited
- Houston v. Lack, 487 U.S. 266 (1988) (pro se notice deemed filed on delivery to prison officials)
- Campbell v. State, 320 S.W.3d 338 (Tex. Crim. App. 2010) (prison mailbox rule applies to pleadings in criminal proceedings)
- Howland v. Quarterman, 507 F.3d 840 (5th Cir. 2007) (prison mailbox rule not applied to Texas post-conviction petitions absent filing deadline)
- Coleman v. Johnson, 184 F.3d 398 (5th Cir. 1999) (state-law filing rules determine proper filing of state applications; mailbox rule limited)
- Causey v. Cain, 450 F.3d 601 (5th Cir. 2006) (clarified Coleman; state law governs timing for tolling)
- Jacobs v. Nat’l Drug Intelligence Ctr., 548 F.3d 375 (5th Cir. 2008) (intervening change in law allowed panel to overturn)