124 F.4th 1035
7th Cir.2025Background
- Ricky Patterson was convicted in 2003 by an Illinois jury of first-degree murder, arson, and concealment of a homicidal death, stemming from the 2002 killing of Derrick Prout after a drug deal.
- The prosecution’s case was largely circumstantial but included significant physical evidence, including DNA linking the victim’s blood to Patterson’s carpet and a blanket from Patterson’s house found wrapped around Prout’s burned body.
- Patterson was sentenced to 55 years in prison; his convictions were affirmed on appeal all the way to the Illinois Supreme Court.
- Patterson pursued state postconviction relief and new DNA testing, both of which were ultimately denied, with the new DNA testing again matching Prout’s DNA to blood in Patterson’s home.
- More than 13 years after his conviction became final, Patterson filed a federal habeas petition under 28 U.S.C. § 2254, which the district court dismissed as untimely; Patterson invoked the actual innocence exception to overcome the statute of limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of § 2254 habeas petition | Limitations period tolled by postconviction and DNA proceedings | Postconviction/DNA motions did not toll habeas limitations | Petition untimely, over six years late |
| Actual innocence gateway to merits review | New evidence proves innocence, satisfying Schlup/actual innocence standard | Evidence insufficient and not new/reliable | Actual innocence claim fails; bar applies |
| Tolling effect of § 116-3 DNA motion | DNA motion should toll federal habeas limitations | DNA motion does not toll habeas limitations under Price v. Pierce | DNA motions under 116-3 do not toll period |
| Effect of motion for leave to file late PLA | Late PLA motion tolled limitations when clerk accepted as timely | Denial of motion means no tolling under precedent | Only granted late PLA can toll; not granted here |
Key Cases Cited
- House v. Bell, 547 U.S. 518 (Actual innocence gateway standard for merits review of untimely habeas petitions)
- Schlup v. Delo, 513 U.S. 298 (Standard for claims of actual innocence as gateway to federal habeas)
- McQuiggin v. Perkins, 569 U.S. 383 (Equitable exception to AEDPA limitations period for actual innocence claims)
- Price v. Pierce, 617 F.3d 947 (7th Cir. 2010) (Illinois motion for DNA testing does not toll AEDPA habeas statute of limitations)
- Fernandez v. Sternes, 227 F.3d 977 (7th Cir. 2000) (Effect of late petitions on tolling under AEDPA)