United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE UNITED STATES DISTRICT JUDGE.
the court is a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 filed by petitioner, Belinda Lonell
Davis, a state prisoner, against Lorie Davis, director of the
Texas Department of Criminal Justice, Correctional
Institutions Division (TDCJ), respondent. After having
considered the pleadings and relief sought by petitioner, the
court has concluded that the petition should be dismissed as
Factual and Procedural History
petitioner was indicted in Palo Pinto County, Texas, No.
13414, for capital murder in the murder-for-hire of her
husband, Roy Dean Davis, by James Neil Cook. (Clerk's R,
1, 12-2.) On July 9, 2010, a jury found petitioner guilty of
the offense and she was sentenced to an automatic life
sentence without parole. (Id. at 52-53.} The trial
court's judgment of conviction by jury was affirmed on
appeal and, on December 5, 2012, the Texas Court of Criminal
Appeals refused petitioner's petition for discretionary
review. (Docket Sheet 2, doc. 12-1.) Petitioner did not seek
writ of certiorari in the United States Supreme Court. (Pet.
4, doc. 2.) On February 20, 2014,  petitioner filed a state
habeas-corpus application challenging her conviction, which
was denied by the Texas Court of Criminal Appeals on October
8, 2014, without written order. (SHR-02 65, doc. 12-28;
Action Taken, doc. 12-25; Mot. 1, doc. 12-27.)
Petitioner's motion for reconsideration was denied on
October 22, 2014. (Mot. 1, doc. 12-27.) Thereafter, on August
10, 2016, petitioner filed a motion for DNA testing under
Chapter 64 of the Texas Code of Criminal Procedure, which was
denied by the trial court on August 25, 2016. (Clerk's R.
of DNA Proceeding 14, doc. 12-17.} The order of denial was
affirmed on appeal and the Texas Court of Criminal Appeals
refused petitioner's petition for discretionary review.
(Pet'r's Mot. to Supp. 1, doc. 16.) Petitioner filed
this federal habeas-corpus petition challenging her
conviction on July 2, 2018. (Pet. 16, doc. 2.)
petition, petitioner raises the following grounds for habeas
(1) the evidence is insufficient to support the jury's
(2) petitioner possesses new evidence of her innocence that
was not previously presented;
(3) petitioner received ineffective assistance of trial and
sentencing counsel; and
(4) the trial court's decision to deny her motion for DNA
testing was contrary to clearly established federal law.
(Id. at 6-11.) She also claims that she is entitled
to an evidentiary hearing. (Pet'r's Mem. in Support
15, doc. 1.) Respondent contends that the petition is
untimely under the federal one-year statute of limitations.
(Resp't's Preliminary Answer 15-19, doc. 14.)
Statute of Limitations
28, United States Code, § 2244(d) imposes a one-year
statute of limitations on federal petitions for writs of
habeas corpus filed by state prisoners. Section 2244(d)
(1) A 1-year period of limitations shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The