Romero v. Louisiana State Penitentiary
6:14-cv-01164
W.D. La.Nov 12, 2014Background
- Romero challenged 2009 Iberia Parish convictions (unauthorized use of motor vehicles x3; aggravated flight from an officer x2) and habitual-offender adjudication resulting in 84-year sentence.
- Direct review concluded with Louisiana Supreme Court denial on Oct 14, 2011; no U.S. Supreme Court review pursued.
- Convictions final for §2244(d)(1) purposes on Jan 14, 2012 (90 days after direct-review denial).
- Petition for federal habeas corpus filed June 6, 2014; petition deemed mailed June 11, 2014 under the mailbox rule.
- Statutory tolling under § 2244(d)(2) began Oct 12, 2012 with state-post-conviction filing; tolling continued through final denial Jan 4, 2013 and Third Circuit writ denial Jun 27, 2013.
- Untimely Louisiana Supreme Court writ (Rule X, §5(a)) filed no earlier than Aug 1, 2013 ended tolling; after July 27, 2013 no pending state action remained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas petition is timely under § 2244(d) | Romero argues tolling extended the deadline | Respondent contends no proper tolling after untimely state filings | Yes; petition time-barred; no tolling beyond deadlines |
| Whether equitable tolling applies | Petitioner pursued rights diligently; extraordinary circumstances | No extraordinary circumstances; delays within petitioner’s control | Equitable tolling not warranted; time-bar stands |
| Whether improper state filings toll the limitation | State filings were properly filed to toll the clock | Untimely writs/ rehearings were not properly filed; tolled no time | Untimely state filings did not toll the limitation; tolling ceased by July 27, 2013 |
Key Cases Cited
- Williams v. Cain, 217 F.3d 303 (5th Cir. 2000) (properly filed tolling deadlines; Rule X timing consequences)
- Ott v. Johnson, 192 F.3d 510 (5th Cir. 1999) (limitations start when finality ends direct review)
- Roberts v. Cockrell, 319 F.3d 690 (5th Cir. 2003) (cited for finality timing considerations under AEDPA)
- Flanagan v. Johnson, 154 F.3d 196 (5th Cir. 1998) (tolling rules for state-court applications)
- Dixon v. Cain, 316 F.3d 553 (5th Cir. 2003) (state-post-conviction final resolution for tolling)
- Kiser v. Johnson, 163 F.3d 326 (5th Cir. 1999) (sua sponte tolling authority)
- Manning v. Epps, 688 F.3d 177 (5th Cir. 2012) (equitable tolling standard; diligence and extraordinary circumstances)