May v. Allbaugh
707 F. App'x 569
| 10th Cir. | 2017Background
- William May pleaded nolo contendere to state drug charges on June 30, 2011, and did not file a timely plea withdrawal or direct appeal.
- Under Oklahoma rules, his conviction became final on August 22, 2011 (ten days after entry of judgment).
- The one-year AEDPA limitations period began the next day and expired on August 23, 2012.
- May filed a state post-conviction application on August 20, 2013, and sought federal habeas relief more than four years after the limitations period ended.
- May argued he was told the wrong sentencing range, denied a right to appeal, and denied effective assistance of counsel; the district court dismissed the habeas petition as time-barred.
- The Tenth Circuit denied a certificate of appealability, holding the timeliness ruling was not reasonably debatable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether May’s habeas petition was timely under AEDPA | May sought relief on sentencing, appeal denial, and ineffective-assistance claims filed years after judgment | AEDPA’s one-year limitations bar applies because conviction became final in 2011 and no timely tolling applied | Petition untimely; limitations expired Aug 23, 2012 |
| Whether statutory tolling under 28 U.S.C. § 2244(d)(2) applies | May contended state post-conviction proceedings tolled the limitations | State petition was filed Aug 20, 2013, after the limitations period had already expired, so it cannot toll | Statutory tolling inapplicable |
| Whether equitable tolling applies | May impliedly sought equitable relief to excuse delay | No equitable tolling alleged or shown (no diligence or extraordinary circumstance shown) | Equitable tolling denied |
| Whether certificate of appealability (COA) should issue | May requested COA to appeal district court’s timeliness ruling | COA only if reasonable jurists could debate the timeliness ruling; court found no such debate | COA denied; appeal dismissed |
Key Cases Cited
- Slack v. McDaniel, 529 U.S. 473 (COA standard on debatable constitutional claims and procedural rulings)
- Lawrence v. Florida, 549 U.S. 327 (equitable tolling requires diligence and extraordinary circumstances)
- Pace v. DiGuglielmo, 544 U.S. 408 (state post-conviction petitions toll only if filed within AEDPA year)
- Clark v. Oklahoma, 468 F.3d 711 (only timely state petitions toll AEDPA limitations)
- Harris v. Dinwiddie, 642 F.3d 902 (statutory year begins day after judgment becomes final)
- Gordon v. Franklin, [citation="456 F. App'x 739"] (treatment of finality after failure to appeal plea)