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Zuniga v. Davis

United States District Court, N.D. Texas, Dallas Division

January 16, 2018

ARMANDO ZUNIGA, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          FINDINGS, CONCLUSIONS, AND RECOMMENDATION

          IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE.

         By Special Order 3-251, this habeas case has been automatically referred for findings, conclusions, and recommendation. Based on the relevant filings and applicable law, the petition should be DENIED as barred by the statute of limitations.

         I. BACKGROUND

         Armando Zuniga (Petitioner), an inmate currently incarcerated in the Texas Department of Corrections Estelle Unit, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. The respondent is Lorie Davis, Director of TDCJ-CID.

         A. Procedural History

         Petitioner was convicted of aggravated sexual assault of a child in Cause No. F12-52672 in Criminal District Court No. 6 of Dallas County, Texas, on January 15, 2014, and he was sentenced to 99 years' imprisonment. (See doc. 1 at 2; see also www.dallascounty.org (search for petitioner). The judgment was affirmed on appeal. See Zuniga v. State, No. 05-14-00078-CR, 2015 WL 3555499 (Tex. App. - Dallas June 5, 2015). He did not file a petition for discretionary review. See www.txcourts.gov (search for petitioner). Petitioner's state habeas application challenging this conviction was signed on July 6, 2017, and received by the state court on July 20, 2017. See www.dallascounty.org (search for petitioner). It was denied on October 25, 2017. See Ex parte Zuniga, WR-87527-01 (Tex. Crim. App. Oct. 25, 2017).

         Petitioner's federal habeas petition, received on December 4, 2017, states that it was placed in the prison mail on November 29, 2017. (See doc. 1 at 14.)

         B. Substantive Claims

         Petitioner's federal petition raises the following grounds:

(1) His confession was obtained during an interrogation without counsel, although he requested counsel;
(2) Counsel was ineffective for failing to:
(a) challenge his confession;
(b) challenge the admission of character evidence;
(c) request a mistrial based on juror misconduct, because a jury note showed that the jury considered parole eligibility ...

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