2:23-cv-00753
D.N.M.May 20, 2024Background
- Jerry Lucero was convicted in New Mexico state court in 2008 for criminal sexual contact of a minor and sentenced to 15 years, with 5 years suspended.
- His direct appeal was unsuccessful; the New Mexico Court of Appeals affirmed his conviction in 2010.
- Lucero did not timely petition the New Mexico Supreme Court for review; his conviction became final in November 2010.
- Lucero filed a federal habeas petition under 28 U.S.C. § 2254 in September 2023, well beyond the one-year statutory deadline.
- The federal court ordered Lucero to show cause why his petition should not be dismissed as untimely under the AEDPA.
- Lucero's response addressed the merits of his claims, but did not address the timeliness issue.
Issues
| Issue | Lucero's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the habeas petition is timely | Did not address timeliness; argued merits | No formal response; time-bar | Petition is time-barred |
| Equitable tolling of the limitations period | No argument for tolling presented | N/A | No grounds for tolling |
| Certificate of appealability | Not requested/applicable | N/A | Denied |
Key Cases Cited
- Locke v. Saffle, 237 F.3d 1269 (10th Cir. 2001) (Conviction becomes final for habeas purposes when time to seek review expires)
- Marsh v. Soares, 223 F.3d 1217 (10th Cir. 2000) (Equitable tolling available only if diligently pursued and extraordinary circumstances shown)
- United States v. Mitchell, 518 F.3d 740 (10th Cir. 2008) (Court may sua sponte raise AEDPA's statute of limitations issue)
- Slack v. McDaniel, 529 U.S. 473 (2000) (Standard for granting a certificate of appealability)