United States District Court, N.D. Texas, Dallas Division
FINDINGS, CONCLUSIONS, AND RECOMMENDATION
CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE
Special Order 3-251, this habeas case has been
referred for findings, conclusions, and recommendation. Based
on the relevant findings and applicable law, the petition for
writ of habeas corpus under 28 U.S.C. § 2254 should be
DENIED as barred by the statute of
Yancy, Jr. (Petitioner) challenges his conviction for murder.
The respondent is Lorie Davis, Director of the Texas
Department of Criminal Justice (TDCJ), Correctional
Institutions Division (Respondent).
February 16, 2006, the State of Texas indicted Petitioner for
murder in Cause No. F05-40209. (Doc. 16-4 at
5-6.) He pleaded not guilty and was tried before
a jury in the 265th Judicial District Court of Dallas County,
Texas; the jury convicted him on March 9, 2007, and he was
sentenced to life imprisonment. (Doc. 16-5 at 6.) The
judgment was affirmed on appeal. See Yancy v. State,
No. 05-07-00457-CR, 2008 WL 2808931 (Tex. App. - Dallas July
28, 2008). His petition for discretionary review was refused.
Yancy v. State, PD-1115-08 (Tex. Crim. App. Dec. 30,
not file a petition for writ of certiorari.
first state habeas application was signed on November 25,
2009, and received by the state court on December 16, 2009.
(Doc. 17-16 at 5, 13.) It was dismissed on August 17, 2016,
as non-compliant with Texas Rule of Appellate Procedure 73.1.
(Doc. 17-14); see Ex parte Yancy, WR-85, 213-01
(Tex. Crim. App. Aug. 17, 2016). His second state habeas
application was signed on November 1, 2016, and received by
the state court on November 9, 2016. (Doc. 17-18 at 4, 17.)
It was denied without written order on January 25, 2017.
(Doc. 17-17); see Ex parte Yancy, WR-85, 213-02
(Tex. Crim. App. Jan. 25, 2017).
federal petition raises the following grounds:
(1) The state court failed to resolve issues during a
(2) Trial counsel was ineffective for:
(a) failing to submit a jury instruction under Tex. Code