United States District Court, W.D. Texas, Austin Division
PITMAN, UNITED STATES DISTRICT JUDGE
the Court are Petitioner's Application for Habeas Corpus
Relief under 28 U.S.C. § 2254, Memorandum in Support,
and Response to Show Cause Order. Petitioner, proceeding pro
se, has paid the applicable filing fee for this case. For the
reasons set forth below, Petitioner's application for
writ of habeas corpus is dismissed as time-barred.
STATEMENT OF THE CASE
Petitioner's Criminal History
challenges the Director's custody of him pursuant to a
judgment and sentence of the 299th Judicial District Court of
Travis County, Texas, in cause number 94-2991. After a jury
trial, Petitioner was found guilty of capital murder and was
sentenced to life in prison. The Third Court of Appeals
affirmed Petitioner's conviction and sentence on March
26, 1998. Hepner v. State, 966 S.W.2d 153 (Tex. App.
- Austin 1998, no pet.).
also challenged his conviction and sentence in three state
applications for habeas corpus relief. Petitioner indicates
he filed his state application on June 13, 2001. However,
state court records reflect Petitioner executed his first
application on March 5, 2001. The Court of Criminal Appeals
denied it without written order on June 27, 2001. Ex
parte Hepner, Appl. No. 49, 596-01. Petitioner executed
his second state application on June 5, 2007. The Court of
Criminal Appeals denied it without written order on the
findings of the trial court without a hearing on March 5,
2008. Ex parte Hepner, Appl. No. 49, 596-03.
Petitioner executed his third state application on August 2,
2016. The Court of Criminal Appeals dismissed it as
successive on October 5, 2016-04.
Petitioner's Grounds for Relief
alleges as grounds for relief:
1. He was deprived of the automatism defense;
2. He is actually innocent, because he was offered 50 years,
which would have had to been for the lesser included offense
of murder; and
3. He received ineffective assistance of counsel.
DISCUSSION AND ANALYSIS
Statute of Limitations
law establishes a one-year statute of limitations for state
inmates seeking federal habeas corpus relief. See 28
U.S.C. § ...