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
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.
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.
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).
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.)
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