Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coleman v. Davis

United States District Court, N.D. Texas, Fort Worth Division

January 11, 2017

BRANDON BLAKE COLEMAN, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          OPINION AND ORDER

          TERRY R. MEANS UNITED STATES DISTRICT JUDGE.

         Before the Court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by petitioner, Brandon Blake Coleman, a state prisoner, against Lorie Davis, director of the Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. After having considered the pleadings and relief sought by Petitioner, the Court has concluded that the petition should be dismissed as time-barred.

         I. FACTUAL AND PROCEDURAL HISTORY

         In October 2012 Petitioner was charged in the 355th Judicial District Court, Hood County, Texas, Case No. CR12297, in a five-count indictment with one count of indecency with a child, “SW16, ”[1]by touching her breast with his hand (count one); two counts of indecency with a child, “CB16, ” by touching her breast and sexual organ with his hand and one count of improperly photographing “CB16” without her consent (counts two, three and four); and one count of sexual assault of “MW19” by penetrating her sexual organ with his finger without her consent (count five). (Adm. R., WR-84, 380-01 Writ (hereafter referred to as “SH02”), 28-29, ECF No. 13-5.) The indictment also included two enhancement and one habitual counts. (Id. at 30-31.) On July 29, 2013, pursuant to a plea agreement, the state moved to dismiss counts three and four and abandoned the enhancement and habitual counts; Petitioner waived a jury trial and entered guilty pleas to counts one, two, and five; and the trial court assessed his punishment at 20 years' confinement for each offense, the sentences to run concurrently. (Id. at 35-54.) Petitioner did not directly appeal the trial court's “Judgment of Conviction”; thus, the judgment became final thirty days later, on August 28, 2013. See Tex. R. App. P. 26.2(a)(1).

         On March 24, 2015, Petitioner filed a motion for DNA testing under chapter 64 of the Texas Code of Criminal Procedure in the trial court, which was denied on April 23, 2015. (SH02 at 59, ECF NO. 13-5.) Thereafter, Petitioner filed two state habeas applications challenging his convictions. The first, filed on November 23, 2015, [2] was denied by the Texas Court of Criminal Appeals on January 13, 2016, without written order. (Id. at 21; “Action Taken, ” ECF No. 13-4.) The second, filed on February 16, 2016, was dismissed by the Texas Court of Criminal Appeals on April 6, 2016, as successive. (Adm. R., WR-84, 380-02 Writ, 21, ECF No. 13-7; “Action Taken, ” ECF No. 13-6.) Petitioner filed this federal petition for writ of habeas corpus on April 21, 2016.[3]

         II. ISSUES

         Petitioner raises the following grounds for habeas relief:

(1) His guilty plea was involuntary (ground one);
(2) He received ineffective assistance of counsel at trial (grounds two and three); and
(3) The prosecution withheld exculpatory evidence (ground four).

(Pet. at 6-7, ECF No. 1.)[4]

         III. STATUE OF LIMITATIONS

         Respondent believes the petition is time-barred and has moved for dismissal. (Resp't's Answer at 4-10.) Title 28 U.S.C. § 2244(d) imposes a one-year statute of limitations for filing a petition for federal habeas corpus relief. Section 2244(d) provides:

(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.