8:24-cv-02626
D.S.C.Sep 22, 2025Background
- Petitioner Derek Maner, a state prisoner, filed a §2254 petition challenging his murder conviction.
- State trial court sentenced Maner to life imprisonment on February 12, 2009; direct appeal affirmed in 2012.
- Maner pursued two post-conviction relief (PCR) actions in South Carolina; first PCR denied in 2017.
- A belated appeal of the PCR Order was granted in 2019, with review proceeding in state appellate courts.
- Respondent moved for summary judgment; magistrate judge found the petition time-barred and Grounds Three and Four procedurally defaulted.
- District court adopted the magistrate’s recommendation in part, granting summary judgment and denying the petition, with no COA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is timely under AEDPA | Maner contends tolling salvages timely filing. | Respondent argues petition time-barred despite tolling. | Petition time-barred; no tolling supported. |
| Equitable tolling viability | PCR counsel delays justify tolling. | No extraordinary circumstances or diligence shown. | No equitable tolling. |
| Procedural default of Grounds Three and Four | Grounds Three and Four were not properly appealed. | Default valid; unexcused and federal review barred. | Grounds Three and Four procedurally defaulted. |
| Ground One merits – ineffective assistance re testimony about brother's car | Counsel should have objected to irrelevant testimony. | State appellate court reasonably applied Strickland. | Ground One denied on merits; per Strickland, reasonable. |
| Ground Two merits – ineffective assistance re jewelry testimony | Counsel should have objected to irrelevant jewelry testimony. | State appellate court reasonably applied Strickland. | Ground Two denied on merits; per Strickland, reasonable. |
Key Cases Cited
- Holland v. Florida, 560 U.S. 631 (2010) (equitable tolling requires diligence and extraordinary circumstances)
- Harris v. Hutchinson, 209 F.3d 325 (4th Cir. 2000) (equitable tolling requires rare, extraordinary circumstances)
- McHoney v. South Carolina, 518 F. Supp. 2d 700 (D.S.C. 2007) (belated Austin appeal does not toll tolling period)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective assistance standard)
- Valentino v. Clarke, 972 F.3d 560 (4th Cir. 2020) (question is whether state court's Strickland ruling was reasonable)