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Tyler v. Davis

United States District Court, S.D. Texas, Houston Division

March 31, 2017

MICHAEL TYLER, TDCJ-CID #1240157 Petitioner,
v.
LORIE DAVIS, Respondent.

          MEMORANDUM AND OPINION

          VANESSA D. GILMORE, UNITED STATES DISTRICT JUDGE

         The petitioner, Michael Tyler, seeks habeas corpus relief under 28 U.S.C. § 2254, challenging a state-court conviction for capital murder. Because Tyler filed this suit too late, it must be dismissed.

         I. Background

         A jury found Tyler guilty of capital murder and, on May 26, 2004, imposed a life sentence. (Cause Number 936600). The Fourteenth Court of Appeals of Texas affirmed Tyler's conviction and sentence on June 21, 2005. The Texas Court of Criminal Appeals refused Tyler's petition for discretionary review on January 25, 2006. See Texas Judiciary Website, http://www.cca.courts.state.tx.us/. Tyler filed an application for state habeas corpus relief on July 30, 2012, which the Texas Court of Criminal Appeals denied without written order on August 21, 2013. Tyler filed a second application for state habeas corpus relief on December 11, 2012, which the Texas Court of Criminal Appeals denied without written order on findings of the trial court on August 21, 2013. Tyler filed a third application for state habeas corpus relief on August 6, 2015, which the Texas Court of Criminal Appeals dismissed as a successive application on November 4, 2015.

         On August 2, 2016, this court received Tyler's federal petition. Tyler contends that his conviction is void because he is actually innocent and counsel rendered ineffective assistance. (Docket Entry No. 1, Petition for Writ of Habeas Corpus, p. 6; Docket Entry No. 2, Petitioner's Memorandum, pp. 1-5).

         II. Analysis

         The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub. L. No. 104-132, 110 Stat. 1214 (1996), set a one-year statute of limitations for federal habeas corpus petitions filed after April 24, 1996.

         The statute 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 limitation period shall run from the latest of-
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward ...

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