Medina v. Hansen
24-1353
10th Cir.Mar 11, 2025Background
- Delano Medina, a Colorado inmate, pled guilty to felony menacing under an Alford plea in 2013 after being accused of threatening his wife with a knife.
- Medina attempted to withdraw his plea at sentencing based on alleged new exculpatory evidence (recorded phone calls with his wife), but the court denied this and imposed a one-year sentence; he did not directly appeal.
- He filed two state post-conviction challenges: a 2015 habeas petition (denied, not appealed) and a 2018 Rule 35(c) motion (arguing the plea lacked a factual basis), both ultimately unsuccessful.
- The Colorado Supreme Court held in 2023 that an Alford plea can be accepted without a factual basis if it is knowing and voluntary.
- Medina filed a federal habeas (28 U.S.C. § 2254) petition in May 2024, claiming a due process violation, but the district court dismissed it as untimely and denied a certificate of appealability (COA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Medina’s § 2254 habeas petition timely under AEDPA? | His Rule 35(c) motion tolled the federal statute of limitations. | Rule 35(c) motion filed after AEDPA period expired does not toll the limitations. | Not timely; post-expiry state motions do not toll. |
| Does equitable tolling apply to excuse the untimely filing? | He should be excused due to diligence and extraordinary circumstances. | No evidence of diligence or extraordinary circumstances preventing timely filing. | No equitable tolling; no diligence/extraordinary circ. shown. |
| Did Medina demonstrate actual innocence to allow late filing? | Evidence from phone calls shows actual innocence, creating an exception. | Evidence is neither new nor sufficiently exculpatory to meet the high standard. | No credible showing of actual innocence. |
| Is a COA appropriate to appeal procedural dismissal? | Reasonable jurists could debate the procedural ruling correctness. | The procedural bar is clear and no jurists would debate the court’s application. | No COA issued; procedural ruling not debatable. |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (permits entering a guilty plea while maintaining innocence)
- Slack v. McDaniel, 529 U.S. 473 (standard for issuing a certificate of appealability following procedural dismissal)
- Clark v. Oklahoma, 468 F.3d 711 (state post-conviction filings after AEDPA deadline do not toll federal statute)
- McQuiggin v. Perkins, 569 U.S. 383 (actual innocence gateway for untimely habeas petitions)