Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Willis v. Valdez

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

May 22, 2018

DRAKE LAFAYETTE WILLIS ID # 15057233, Petitioner,
v.
SHERIFF LUPE VALDEZ, Respondent.

         Referred to U.S. Magistrate Judge

          FINDINGS, CONCLUSIONS, AND RECOMMENDATION

          IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE

         By 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 with prejudice as barred by the statute of limitations.

         I. BACKGROUND

         Drake Lafayette Willis (Petitioner), an inmate currently incarcerated in the Dallas County Jail, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. He challenges his 2009 conviction for aggravated sexual assault of a child in Cause No. F08-24020 in the 283rd Judicial District Court of Dallas County, Texas. He named the Dallas County Sheriff as the respondent because he was confined in the Dallas County Jail when he filed his petition. (See doc. 3 at 1.)

         A. Trial and Appeal

         On June 2, 2008, the State indicted Petitioner for aggravated sexual assault of a child under fourteen years old in Cause No. F08-20420. (See doc. 23-1 at 5.)[1] He pleaded not guilty and was tried before a jury in the 283rd Judicial District Court of Dallas County, Texas, on April 29 - May 1, 2009. The jury convicted him of aggravated sexual assault of a child, and the court assessed punishment at 40 years' imprisonment. (See doc. 23-1 at 53.) The judgment was affirmed on appeal. See Willis v. State, No. 05-09-00537-CR, 2010 WL 2509129 at *1-2 (Tex. App. - Dallas June 22, 2010). He did not file a petition for discretionary review.

         B. State Habeas Proceedings

         Petitioner filed a state habeas application challenging his conviction that was signed on February 21, 2011, and received by the state court on March 4, 2011. (Doc. 24-12 at 11. 21.) He filed a motion for leave to file a petition for writ of mandamus, signed on January 23, 2013, and received by the Court of Criminal Appeals on January 28, 2013. (Doc. 25-10 at 4.) It claimed that he had sent another supplemental habeas application to the state court on December 8, 2011, but that it had not been acted upon. The Court of Criminal Appeals denied the habeas application on January 30, 2013. (Doc. 24-11 at 2); see Ex parte Willis, WR-77, 246-02 (Tex. Crim. App. Jan. 30, 2013).

         Petitioner filed a second state habeas application, signed on November 3, 2013, and received on January 14, 2014. (Doc. 25-15 at 6, 17.) On March 19, 2014, it was dismissed under Tex. Code Crim. Proc. art. 11.07 § 4 as a subsequent application. (Id. at 2); see Ex parte Willis, WR-77, 246-09 (Tex. Crim. App. Mar. 19, 2014). After it was informed by the state court that the supplemental habeas application was never received, (doc. 25-9 at 4), the Court of Criminal Appeals denied the motion for leave to file the mandamus petition on May 14, 2014. (Doc. 24-20); See Willis v. Dallas County District Clerk, WR-22, 246-07 (Tex. Crim. App. May 14, 2014).

         Petitioner filed a second motion for leave to file a petition for writ of mandamus, signed on May 4, 2015, and received May 14, 2015. (Doc. 25-17 at 1.) He again alleged that he had sent a supplemental habeas application on December 8, 2011, that had not been acted upon. He filed a third motion for leave to file a petition for writ of mandamus, signed on May 21, 2015, and received on June 1, 2015. (Doc. 26-12 at 1.) He claimed that he mailed a state habeas application that was signed on March 26, 2013, and that was file-stamped by the Dallas County District Clerk on April 4, 2013. (Id. at 21, 33.) On June 3, 2015, the Court of Criminal Appeals denied the second motion for leave to file a mandamus. (Doc. 25-16); see Willis v. Dallas County District Court, WR-77, 246-10 (Tex. Crim. App. June 3, 2015).

         On July 29, 2015, the district clerk issued a letter stating that there was no record of the March 26, 2013 habeas application. (Doc. 26-11.) After a hearing, the state court determined that the habeas application had been filed, but it could not be found and must have been misplaced. (Doc. 26-10 at 4.) It noted that the habeas application would be subject to dismissal as a subsequent application. (Id. at 9.) The Court of Criminal Appeals denied the third motion for leave to file a petition for writ of mandamus on April 13, 2016. (Doc. 25-18); see Willis v. Dallas County District Clerk, WR-77, 246-11 (Tex. Crim. App. Apr. 13, 2016). Petitioner did not re-file the March 26, 2013 state habeas application that was found to have been misplaced.

         C. Substantive Claims

         Petitioner's federal habeas petition, signed on May 24, 2016, challenges his ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.