Krause v. Thaler
2011 U.S. App. LEXIS 6810
| 5th Cir. | 2011Background
- Krause was convicted on November 16, 2005, for possession of child pornography and conviction affirmed on direct appeal.
- Discretionary review was denied by the Texas Court of Criminal Appeals on October 31, 2007; conviction became final after the 90-day period for certiorari.
- Krause filed a state habeas corpus petition on February 25, 2009, which was denied on May 6, 2009.
- Concurrently, Krause pursued a § 1983 action; that suit was filed April 15, 2005 and dismissed February 18, 2009.
- Krause filed a federal habeas petition on May 21, 2009; TDCJ moved to dismiss as untimely under AEDPA.
- District court ruled the one-year AEDPA clock began January 29, 2008 and expired around January 28, 2009; no adequate tolling held.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer facility library tolling applies | Krause's inadequate library tolled time under § 2244(d)(1)(B). | No tolling because no state action prevented timely filing; facts insufficient. | No tolling; insufficient facts show prevention of timely filing. |
| Whether Krause demonstrated actual impediment to filing | Claimed limited access and transfer to better facility would have delayed filing. | Record shows state action to assist; no facts of impediment established. | Impediment not shown; library deficiencies do not constitute tolling. |
| Whether the AEDPA filing deadline was correctly enforced | Deadline tolled by library issues and misperception of tolling. | Deadline began Jan 29, 2008 and expired Jan 28, 2009; tolling not established. | Deadline correctly enforced; no tolling justified. |
Key Cases Cited
- Lewis v. Casey, 518 U.S. 343 (U.S. 1996) (actual injury required to show lower court library prejudice)
- Felder v. Johnson, 204 F.3d 168 (5th Cir. 2000) (no presumed tolling for absent materials; require impact on filing)
- Egerton v. Cockrell, 334 F.3d 433 (5th Cir. 2003) (remanded to assess awareness and potential tolling; state action considerations)
- Henderson v. Thaler, 626 F.3d 773 (5th Cir. 2010) (defines AEDPA deadline expiration date for finality)
- Giesberg v. Cockrell, 288 F.3d 268 (5th Cir. 2002) (de novo review of time-barred habeas dismissal)