Pines v. Louisiana State
2:12-cv-03023
E.D. La.May 3, 2013Background
- Pines pleaded guilty on March 18, 2009 to second degree kidnapping and attempted armed robbery; sentenced to 35 years for kidnapping plus 35 years for attempted armed robbery concurrent.
- No direct appeal was filed by Pines.
- Pines filed state post-conviction relief on or after February 10, 2011; denials followed through 2012.
- Pines filed the federal habeas petition on December 4, 2012.
- AEDPA deadline set as April 19, 2010; Pines’ conviction became final by April 17, 2009 at latest (30 days for appeal plus finality rule).
- Court found no statutory tolling and no equitable tolling; petition deemed untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the AEDPA one-year limit bars relief | Pines argues timely filing under AEDPA | State asserts untimeliness | Untimely; statute not tolled |
| Whether statutory tolling applies | State post-conviction filings pending tolling period | No state post-conviction petitions were pending during the AEDPA year | No statutory tolling |
| Whether equitable tolling applies | Diligent pursuit of rights; extraordinary circumstances | No extraordinary circumstances shown | No equitable tolling |
Key Cases Cited
- Roberts v. Cockrell, 319 F.3d 690 (5th Cir. 2003) (finality for AEDPA purposes hinges on time to seek direct review)
- Foreman v. Dretke, 383 F.3d 336 (5th Cir. 2004) (finality inquiry considers ability to pursue direct review)
- Causey v. Cain, 450 F.3d 601 (5th Cir. 2006) (finality and direct-review timing under state law for tolling)
- Holland v. Florida, 560 U.S. 631 (2010) (AEDPA is subject to equitable tolling requirements)
- Roberts v. Cockrell, 319 F.3d 690 (5th Cir. 2003) (reiterated finality standards for § 2244(d)(1)(A))
- Flanagan v. Johnson, 154 F.3d 196 (5th Cir. 1998) (extends limitations period when last day falls on weekend/holiday)